Whereas

1. Indigenous peoples from East, Central and Southern Africa convened together with delegates from international organisations and NGOs at Arusha - Tanzania from 18-22 January 1999;

2. Indigenous delegates recognised the fact that they share common problems and will seek common solutions;

3. Indigenous delegates also emphasised the fact that in certain circumstances hunter-gatherers in Africa are in a particularly vulnerable position.

4. Indigenous delegates more specifically pointed to the special case of the Great Lakes region, where the impact of conflicts has been particularly disruptive to Batwa and Pygmy communities, who have been subjected to massacres, torture and human rights violations which have turned them into refugees, exiled from their ancestral lands and their countries.

The Conference declared that

5. The indigenous peoples have the same right as other African communities to live in peace. It is the responsibility of the governments to take care of all its citizens, and conflicts and wars must be brought to an end through the promotion of traditional methods of conflict solving and/or through lasting and effective peace treaties;

6. The indigenous peoples have the same right as other African communities to live according to their cultures and freely determine their future and development just as other African communities do;

7. Indigenous peoples' distinctive rights to land, to environment and natural resources, as well as their human and cultural rights should be respected;

8. Indigenous peoples should have control of all their sacred sites and the graves of their ancestors;

The Conference emphasised

THE RIGHT TO LAND

Indigenous delegates at the Conference

Stressing that the problem of ownership of land and all its resources - animals, water, trees, other vegetation etc. - is acute for all indigenous communities, and that many communities have lost all of their land and others are in grave danger of losing their land;

Noting that this land alienation is due to the lack of recognition by governments of customary occupancy and modes of production and to the lack of adequate land tenure and land ordinance systems;

9. The Conference resolved that

9.1 Compensation and reclamation of already lost land should be given to aggrieved indigenous communities;

9 .2 The distinctive rights of hunter-gatherers must be enshrined in the constitutions and legislation, present and future of all African countries;

9.3 Pastoralism should be recognised as a major form of production and be given due respect;

10. The Conference furthermore urged

10.1 Pastoralist and hunter/gatherer communities everywhere to identify and seek solutions to common problems, and seek ways and means of co-existing in shared territories in harmony;

11. Aware of some pressing cases, the Conference specifically recommended that

11.1 The Tanzanian Parliament removes from the Constitution the clause which states "that all land in Tanzania is vested in the President"; thereby allowing the executive to control the land;

11.2 The new Tanzanian land legislation takes adequate account of the interests of the pastoralists and sets up effective mechanisms to prevent the illegal alienation of land which is a serious continuing problem for the pastoralists;

11.3 The international organisations give their support to hunter-gatherers and pastoralists to rally against the Tanzanian proposed land amendment bills;

11.4 The Kenyan government tables in Parliament as soon as possible the proposed Land Adjudication Amendment bill that nullifies the Iloodoariak/Mosiro land adjudication sections and guarantees the protection of the land rights for all pastoralists in Kenya;

11.5 The Kenyan government declares a moratorium on the sale of land among Maa speakers as part of the Constitutional Review in Kenya;

11.6 The Kenyan government fully involves hunter-gatherer and pastoralist communities in re-writing the Kenyan Constitution, ensuring that any clauses on individual and collective land title reflect the values and needs of indigenous peoples;

11.7 The Government of Botswana, pending the resolution of the land claim by the residents of the Central Kalahari Game Reserve (CKGR), agrees to a moratorium on the removal of San from CKGR;

11.8 The Government of Botswana permits the return of residents who have been resettled outside the CKGR to their former homes within the CKGR;

11.9 The Government of Botswana continues to provide health and other social services to those indigenous villagers pending the resolution of the land claim;

THE RIGHT TO NATURAL RESOURCES

Indigenous peoples at the Conference

Noting that indigenous peoples traditional way of life - living in harmony with their natural environment - has preserved the animals and other resources up to the present;

Stressing that indigenous peoples are knowledgeable and skilled in the techniques of managing and preserving their habitat;

Aware of the fact that their governments, often misled by bad advice, have failed to make use of indigenous peoples conservational expertise and instead have resorted to the wrongful and unlawful expulsion of indigenous peoples from their traditional lands;

Noting furthermore that some of these ancestral lands have become forest reserves and national parks (see annex for a few examples of this), while others have been taken over by mining concessions or have been flooded in connection with the construction of dams and hydroelectric plants;

Noting also that some of these resources and the indigenous peoples knowledge of them is being used without respecting these peoples intellectual property rights;

Conscious that all these activities adversely affects the lives and livelihood of indigenous communities and the national resources upon which they depend, and

Distressed by the fact that sacred sites and ancestral graveyards have been destroyed by these activities;

12. The Conference demanded that

12.1 The affected communities always be consulted and involved in the decisions leading to land alienation;

12.2 The security of tenure covers all the natural resources in the indigenous lands;

12.3 The legislation be challenged in all the countries to protect natural resources:

12.4 Sanctions be imposed on governments who do not protect the land, the resources and the cultural sites of the indigenous communities;


13. The Conference furthermore appealed to

13.1 All governments, donor agencies, international organisations and all well-wishers to address these issues urgently and effectively.

Regarding national parks and wildlife reserves

14. The Conference asked that

14.1 The customary rights of hunter-gatherers and pastoralists in forest reserves and game parks be recognised;

14.2 The legislation governing reserves/parks be reviewed to allow more participation by communities;

14.3 Joint management be organized with the local communities so that they can benefit from the park revenues;

Regarding mining

15. The Conference demanded that

15.1 African governments should recognize sub-surface rights of indigenous peoples and the current policy on mining in all the countries should be challenged;

15.2 No mining or other developments should take place on indigenous lands without indigenous peoples informed consent and without a formal agreement having been obtained from the local community; mining companies should be held to repair environmental damage that negatively influence traditional economies and opportunities for eco-tourism or other uses.

Regarding the construction of dams

16. The Conference appealed to

16.1 The international organisations not to give financial assistance to the construction of dams affecting indigenous communities;

16.2 In the case of two specific dam projects presently planned by the governments of Kenya and Namibia respectively, the Conference furthermore

a) Urged the Kenyan Government to shelve all plans regarding the construction of an electric power dam on the Wuaso Ngiro River. There is evidence that this dam will adversely affect the life of the pastoralists communities both in Kenya and Tanzania by flooding swampy lands that provide grazing for livestock and water for both livestock and humans and even wildlife;

b) Appealed to international organisations such as the United Nations´ Human Rights Commissioner, the African Commission on Human and Peoples Rights and any other organisation to request governments and other institutions not to give any assistance to the government of Namibia for the construction of a dam on the Kumene River. This dam will threaten the Ovahimba Community residing at Epupa area by destroying a lot of their grandfathers graves, which for them are a very significant symbol in their culture, by flooding most of their land and grazing areas, and by evicting the people residing along this area. The Ovahimba Community also feels that many people will be coming to this area, and as a result the rate of crime and of different diseases will rise.

17. The Conference finally called on

17.1 The tourism industry to show respect and concern for indigenous peoples. Indigenous peoples should receive an adequate proportion of the profits of tourism, and the promotion of tourism should be under the control of indigenous groups.

17.2. All researchers working among indigenous peoples to only conduct research with full consent of the peoples and ensure that the information they collect is available to the people themselves.


THE RIGHTS OF INDIGENOUS PEOPLES

Noting that the UN Commission on Human Rights has established an open ended working group to consider the draft declaration on the rights of indigenous peoples and that African states will in due course vote on the adoption of the declaration by the UN commission;

18. The Conference

18.1 Urged African countries to ratify all international legal instruments relating to indigenous peoples and to incorporate them into domestic law in order to empower local indigenous communities;

18.2 Requested the EU, in their political dialogue with the different African government authorities to urge these governments to ratify diverse international instruments for indigenous peoples and to monitor the ratification.

18.3 Demanded adequate representation of hunter-gatherers communities in all contexts and in particular that all relevant hunter-gatherer communities be represented in any relevant national or international body that may be established as well as in all future conferences;

Regarding indigenous women

19. The Conference furthermore recommended that

19.1 The rights of indigenous women be strengthened

19.2 Practical gender needs be taken into consideration in every sector (economic, education, development, etc.) in order to alleviate and solve some of the problems experienced by indigenous women.

19.3 Legal instruments be created to allow indigenous women to own property/ land.

Regarding education

20. The Conference stressed that

20.1 The indigenous peoples right to education should be respected and enhanced and more education facilities should be provided by the governments;

20.2 The indigenous peoples should be given a chance to design a special curriculum which caters to their needs;

20.3 Provisions for girl child education should be made as it will eliminate some cultural practises which marginalize them;

20.4 The services, i.e. staffing, equipment and facilities to the already existing schools should be improved;

20.5 Teacher training issues should be revisited by the Kenyan government for the benefit of the pastoralists who have no teachers. One or two teachers colleges should be retained with the help of mobilized resources;

Regarding the African Commission on Human and Peoples' Rights

The Conference

Noting that the situation of indigenous peoples has aroused concerns in the international community as evidenced by the declaration of the International Decade 1995-2004;

Informed that pastoralists and hunter-gatherers are still being forcibly evicted from their traditional lands, that collective punishments of indigenous communities are still taking place, and that political, economic, social and cultural discrimination of indigenous communities occurs all over Africa;

Aware that the issue of indigenous peoples in Africa is essentially a matter of human rights;

Conscious of the strong provision for collective rights and right to culture provided for by the African charter on human and peoples rights;

Regretting that the African commission on Human and Peoples Rights has to date not addressed the question of the rights of indigenous peoples in Africa;


Convinced that failure to do so is neglect of the mandate granted to the Commission under the Charter;

21. The Conference therefore resolved:

21.1 To encourage all NGOs concerned about the rights of indigenous peoples in Africa to seek observer status in the African Commission;

21.2 To request the African Commission to include an agenda item on the rights of indigenous peoples in Africa in all sessions of the Commission;

21.3 To ask the Commission to establish a working group to consider all aspects of the rights of indigenous peoples in Africa and to promote consideration of the matter by African states;

21.4 To ask the Commission to reconsider the requirement that indigenous peoples exhaust their local remedies before lodging a complaint with the Commission as the lengthy delays and postponements in judicial proceedings affecting them effectively denies African pastoralists and hunter-gatherer societies justice.


PLAN OF ACTION

22. The Conference resolved to implement the following

22.1 At the local and national level

a) Implement awareness campaigns to ensure that local communities are made aware of their land rights.

b) Make sure that country-by-country profiles of indigenous NGOs and CBOs are drawn up, so that we can identify each other and strengthen our common stand.

22.2 At the regional level

a) Encourage Kenyan and Tanzanian Maasai groups to assist each other in lobbying and reaching consensus on the conservation of sacred sites that are common to both of them, and other concerns that affect them in similar ways.

b) Encourage Central African forest dwelling people to assist each other in lobbying and reaching consensus on strategies for peace in the region, the conservation of forest areas, management of wild life including mountain gorillas, democratic representation of their needs and protection from human rights violations;

22.3 At the continental level

a). Ensure that indigenous NGOs and CBOs start to co-ordinate and strategize, to find practical solutions to the following questions:
· How do we feed into each others efforts?
· How do we disseminate information (e.g. through responsible organi-sations like IPACC, AIWO, The International Alliance).

b) Encourage indigenous groups to affiliate themselves to IPACC.

c) Request the African Commission on Human and Peoples Rights to provide all the participants with the names and addresses of ACHPR-commissioners, as well as a 2-3 page summary of ACHPR s instruments.

d) Discuss how we can influence /lobby and get support from African states in an appreciation of our concerns, e.g. through capacity-building of our institutions and networking.

e) Request African governments to ratify the ILO Convention 169 and other instruments related to indigenous peoples.

f) Organise a training workshop on international human rights standards and mechanism in Arusha in 1999 as an instrument to increase African indigenous peoples knowledge of the UN processes.

g) Organise with the support of the Forest Peoples Programme (FPP) and the International Working Group on Indigenous Affairs (IWGIA) a conference in year 2000 in order to promote a discussion on the issues caused by the establishment of national parks and wildlife reserves. This conference will bring together indigenous peoples involved in conservation projects and conservationists to discuss case studies from indigenous peoples describing their experiences.

22.4 At the international level

a) Urge the UN Voluntary Fund and IWGIA´s HRFIP to ensure greater participation for African indigenous peoples at the UNWGIP through the allocation of travel funds and to revise their criteria to ensure that only genuine indigenous persons are funded.

b) Send a letter to the Special Rapporteur Mr. Miguel Alfonso Martínez regarding his report  Study on treaties, agreements and other constructive arrangements between States and indigenous Populations in which we confirm that there are indigenous peoples within African States.

c) Send the  Arusha Declaration on the Permanent Forum for Indigenous Peoples within the United Nations which was adopted at the Conference to the UN High Commissioner for Human Rights.

d) Request ILO, EU and other main donors to monitor activities relating to development co-operation and foreign investment in all African countries, and encourage indigenous organisations to ask these donors for information about their activities in the different countries.

e) Request ILO to brief (in an easily understood language) about all instruments related to indigenous peoples.

f) Request indigenous organisations to gather good factual information about specific situations and forward this information to the northern/international NGOs, so that they can give more effective support and lobbying and also forward it to the international donors so that they are properly informed about local conditions. International NGOs at this Conference undertake to share information and co-ordinate activities on issues arising from this Conference.

22.5 Specific actions to be taken at the local, national and international level

a) Lobby at national and international level about the new Tanzanian land bills being debated in the Dodoma, in order to ensure that:
· the new legislation takes adequate account of the interests of the hunters/gatherers and pastoralists of Tanzania.
· the new legislation sets up effective mechanisms to prevent the illegal alienation of land, which is a serious continuing problem for the hunter/gatherers and pastoralists of Tanzania.

b) Ensure that Indigenous organisations lobby the EU delegation to press Tanzanian authorities to involve indigenous peoples in constitutional reforms.

c) Ensure that the Barabaig of the Baraguyo draft a resolution/document regarding their situation.

c) Ensure that the Kenyan Pastoralist Forum, hunter/gatherers organisations and other indigenous NGOs and CBOs in Kenya jointly lobby and strategize for the forthcoming Constitutional reforms. IWGIA could be asked to facilitate such a process.
Arrange for workshops, awareness-raising campaigns in order to draw up a strategy for involving the indigenous communities of Kenya that are not informed about this process and therefore left out of the movement so far.

d) Request the Norwegian and Swedish governments to clarify their position on the Epupa dam project in Himba territory which will imply the relocation of the Namibian Himba.

e) Request the ILO and the European Union to monitor activities related to any kind of foreign investment in the same location.

f) Request the main donors involved in Rwanda, Burundi, D.R. Congo, Cameroun and Uganda to review their development co-operation to ensure that the Batwa and other Pygmy peoples are taken into account.

g) Bring the special situation and position of the Batwa in Rwanda to the attention of the Tribunal. As a consequence of the genocide in Rwanda the Batwa experience death and imprisonment. As the tribunal is located in Arusha, it is suggested that CUSO and Pingo s Forum follow up on this issue and explore the possibility of the Batwa presenting their case directly to the Tribunal.

22.6 Follow-up of the Conference

a) Discuss with IWGIA what will be the next step after this Conference, in order to build and sustain a common stand and build the capacity of some of the indigenous groups.

b) Discuss how the dissemination of the information which has emerged from this Conference can strengthen the networking among African indigenous peoples, e.g. through a publication of a summary of the presentations and the discussions. The distribution mechanisms should include the international press and distribution media and ERIN based in Nairobi.

c) Set up a small committee and ask IWGIA to monitor the implementation of the plan of action as agreed by this Conference and to report to all participants in 6 months time.

As adopted by the delegates to the Conference on
Indigenous Peoples in Eastern, Central and Southern Africa,
Arusha 18-22 January 1999

Annex: Examples of hunter-gatherers and Pastoralists having been displaced by National Parks and Conservation areas.