The Indigenous World 2024: African Commission on Human and Peoples’ Rights (ACHPR)
The African Commission on Human and Peoples’ Rights (ACHPR) was established in accordance with Article 30 of the African Charter on Human and Peoples’ Rights with a mandate to promote and protect human and peoples’ rights on the African continent. It was officially inaugurated on 2 November 1987 and is the premier human rights monitoring body of the African Union (AU). In 2001, the ACHPR established a Working Group on Indigenous Populations/Communities in Africa (WGIP), marking a milestone in the promotion and protection of the rights of Indigenous Peoples in Africa.
In 2003, the WGIP produced a comprehensive report on Indigenous Peoples in Africa which, among other things, sets out common characteristics that can be used to identify Indigenous communities in Africa. The report was adopted by the ACHPR in 2003 and was subsequently endorsed by the AU in 2005. The report therefore represents the official position of the ACHPR, as well as that of the AU, on the concept and rights of Indigenous Peoples in Africa. The 2003 report serves as the basis for constructive engagement between the ACHPR and various stakeholders based inside and outside the continent, including states, national human rights institutions, NGOs, Indigenous communities and their organizations.
The participation of Indigenous Peoples’ representatives in the sessions of the ACHPR as well as in the various activities of the WGIP, which include sensitization seminars, country visits, information activities and research, has also played a crucial role in ensuring and maintaining this vital engagement and dialogue for many years.
In 2020, at the 66th Ordinary Session of the ACHPR, the mandate of the WGIP was expanded to include the rights of minorities, with the following amended name: “Working Group on Indigenous Populations/Communities and Minorities in Africa” (WGIPM).[1]
Promotion Mission to the United Republic of Tanzania
Following reports of forceful evictions of the Maasai Pastoral Community from their ancestral land in the Loliondo Game Controlled Area and Ngorongoro Conservation Area of the Ngorongoro District by the government, the ACHPR undertook a Promotion Mission to the United Republic of Tanzania from 23-28 January 2023. The specific objective of the mission was to seek information on and assess the human rights situation of Indigenous populations and communities in Tanzania with particular focus on the situation in the Loliondo Game Controlled Area and Ngorongoro Conservation Area. The ACHPR delegation was led by the Commissioner responsible for the promotion and protection of human and peoples’ rights in Tanzania, Commissioner Ourveena Geereesha Topsy-Soonoo, and the Chairperson of the WGIPM, Commissioner Litha Musyimi-Ogana.[2]
During the mission, the delegation met with a number of government officials both at the national and district levels and also with relevant non-state actors, including affected communities and community representatives.
At the conclusion of the mission, the ACHPR issued a press statement in which it highlighted, among others, issues of general and specific concern relating particularly to:[3]
- The relocation of pastoral communities from the Ngorongoro Conservation Area, in respect of which there are claims of inadequate consultations and information regarding the relocation and resettlement programmes, as well as reduction in social amenities, which negatively impacts the lives of the people and effectively forces them to leave the Area;
- The demarcation of 4,000 km2 of the Loliondo Game Controlled Area into a protected wildlife conservation corridor of 1,500 km2 and a multiple-use Game Controlled Area of 2,500 km2, reserved for the inhabitancy of pastoral and farming communities in Loliondo, in relation to which there are claims of a lack of adequate consultation and inclusion of the local communities in the demarcation exercise, as well as reports of use of force and threats against community members who contested the demarcation; and
- The resettlement programme in Msomera, due to claims of a lack of adequate consultation about the relocation and resettlement programme affecting their community, and reported potential for conflict between those who were already settled in Msomera and those who have been relocated from Ngorongoro.
The press statement also included some general and specific interim recommendations to the Government of the United Republic of Tanzania.
During and after the conclusion of the mission, a group of civil society organizations (CSOs) working on and with pastoral communities in the Ngorongoro District expressed alarm and concern at the failure of the ACHPR delegation to “independently accommodate Indigenous Peoples and CSOs and also at the presence of government agents on site during meetings as well as the identification and preparation of participants from communities and CSOs and also of venue by the government” which, according to the CSOs, compromised freedom of expression, posed security issues and discouraged Indigenous communities from providing correct information and evidence.[4]
At the time of writing of this report, the ACHPR is yet to finalize the report of the mission to Tanzania, which has been a source of scathing criticism from Indigenous Peoples’ representatives and activists working in/on Tanzania.
Appointment of Expert Members from Southern and North Africa sub-regions
It will be recalled that, in the resolution appointing Expert Members from the Eastern, Central and West Africa sub-regions, the ACHPR decided to re-advertise the call for applications for Southern and North Africa.[5] Accordingly, during its 75th Ordinary Session held from 3-23 May 2023, the ACHPR appointed Dr. Leonard Mukosi as an Expert Member from Southern Africa for a two-year term effective from 23 May 2023.[6] Dr. Mohamed R. Abdelsalam was also appointed as an Expert Member from North Africa at the 77th Ordinary Session of the ACHPR.[7]
Meeting of the WGIPM
After more than a year, the WGIPM held its internal meeting virtually on 28 July 2023. The meeting was aimed at orienting its new members and deliberating on the group's expanded mandate and activities for the year. The meeting served as an opportunity for the new members to familiarize themselves with the mandate and work of the WGIPM.
Continental Workshop on the Status of Indigenous Populations/Communities in Africa
The WGIPM conducted a two-day virtual Continental Workshop on the Status of Indigenous Populations/Communities in Africa from 25-26 August 2023. The workshop brought together various stakeholders, including State representatives, Indigenous representatives, researchers, civil society organizations and international organizations to discuss the status of Indigenous communities on the continent. The workshop focused on various aspects, such as Indigenous knowledge, cultural and traditional practices, art and music, production systems, traditional leadership, environmental resilience, and livelihoods.
NGO Forum prior to the 77th Ordinary Session of the ACHPR
On 16 October 2023, one of the current members of the WGIPM, Ms Hawe Hamman Bouba, participated in a panel on the Status of Indigenous Peoples' Rights in Africa and Prospects at the NGO Forum prior to the 77th Ordinary Session of the ACHPR held in Arusha, Tanzania. The panel was organized by the newly established Panel of Experts on Indigenous Peoples’ Rights in Africa made up of previous and current members of the WGIPM and attended by many ACHPR commissioners, including Commissioner Litha Musyimi-Ogana who is the current Chairperson of the WGIPM, as well as civil society organizations.
Panel Discussion on Indigenous Populations in Africa: Sharing Experiences
On the fringe of the 77th Ordinary Session of the ACHPR held in Arusha, United Republic of Tanzania, the WGIPM organized a Panel Discussion on Indigenous Populations in Africa: Sharing Experiences. The objective of the panel, held on 27 October 2023, was to bridge the outcome of the Continental Workshop by providing a platform for sharing experiences, challenges and best practices related to Indigenous populations/communities in Africa.
Panellists drawn from the WGIPM, ACHPR Secretariat, Minority Rights Group International, United House of Ancestry and the African Union Commission gave presentations on various topics related to the theme of the panel discussion, including: on the outcome of the Continental Workshop; best practices and lessons learned; the nexus between Indigenous populations/communities and minorities; and the AU Guidelines for engaging traditional leaders in Africa and their adaptability to Indigenous communities.
Validation Meeting of the Study on the Impact of COVID-19 on Indigenous Peoples in Africa
In accordance with the 2021 resolution of the ACHPR tasking the WGIPM to conduct a study on the impact of COVID-19 on Indigenous populations/communities in Africa and present it to the commission within two years,[8] Expert Members of the WGIPM undertook the study in the last quarter of 2023. The draft of the study was then presented to Indigenous Peoples’ rights experts at a Validation Meeting held in Windhoek, Namibia. Given the fact that the study was based solely on desktop research due to budget constraints, useful feedback and comments were received during the workshop that will help to enrich the draft study.
The WGIPM will Incorporate the comments from participants and table the revised draft study for review by the ACHPR.
Report on the situation of Indigenous Peoples
The WGIPM continued to monitor the situation of Indigenous Peoples in Africa. In her reports to the 75th and 77th Ordinary Sessions of the ACHPR, the Chairperson of the WGIPM reported that the Government of Kenya did not submit a report on the implementation of the African Court judgement on Reparations in the Ogiek case.
The chairperson also reported on the continued reports of violence, intimidation, threats, sexual assault, destruction and confiscation of property, and the forceful eviction of the Mosopisyek community of Benet in and around the Mount Elgon region in Uganda. As per the chair’s report, although the ACHPR called on the Government of the Republic of Uganda to take immediate and long-term measures to ease the situation of these communities, the government is yet to respond. During the examination of the Periodic Report of Uganda at the 77th Ordinary Session, the commission also posed follow up questions on the situation of the Benet to the Ugandan delegation.
Moreover, the WGIPM continued to follow up on its Letter of Urgent Appeal sent to the Government of Algeria on 27 September 2021 regarding the devastating effects of COVID-19 on the Amazigh population, and human rights violations and repression against the Amazigh of the Kabylia region.
Advanced Course on the Rights of Indigenous Peoples in Africa
The Advanced Course on the Rights of Indigenous Peoples in Africa was held from 13-17 November 2023 at the Centre for Human Rights of the University of Pretoria in South Africa, in collaboration with the International Work Group for Indigenous Affairs (IWGIA). The course was held in a hybrid format on the University of Pretoria’s main campus.
A total of 56 participants attended the course, including people from: 14 African countries (Malawi, Ethiopia, Kenya, Zimbabwe, Namibia, Tanzania, Uganda, Liberia, Nigeria, Eswatini, Botswana, Cameroon, Zambia, South Africa); one from Europe (Belgium); one from Asia (Nepal) and one from the Middle East (Yemen). Participants were mainly members and representatives of Indigenous communities, middle and senior-level government employees, managers of CSOs and NGOs, academics, private practitioners, legal practitioners, and senior law students and senior staff of National Human Rights Institutions (NHRIs). Among CSO/NGOs, both civil society organizations working on Indigenous Peoples’ rights, and those with a more general mandate, attended the course.
The main topics addressed by the course included:
- Concept of indigeneity in Africa and the African regional human rights system
- ILO Convention 169 and the UN human rights mechanisms for Indigenous Peoples
- Linkages between a lack of veterinary services and poverty among the pastoral communities of Ethiopia
- Advocacy strategies to advance the rights of Indigenous Peoples in Africa
- The plight of Indigenous children in Africa
- Indigenous Peoples’ livelihoods, environment and sustainable development
- African remedial framework and approaches to reparations for harm caused to Indigenous Peoples
- Indigenous Peoples’ land rights: legal basis, scope, rights holders, jurisprudence and challenges
- Impact of climate change on Indigenous Peoples’ livelihoods
- The plight of the Maasai of Loliondo and Ngorongoro (Tanzania) and the question of access to justice
- The conditions of Indigenous Peoples in South Africa
- Tensions between business enterprises and the livelihoods of Indigenous Peoples in the Congo Basin
- Experiences of the Inter-American Commission on Human Rights (IACHR) on the rights of Indigenous Peoples
- The Endorois and Ogiek of Kenya after rulings by the ACHPR and the African Court respectively: a review
- Free, prior and informed consent (FPIC) vis-à-vis Indigenous Peoples
- LGBTIQ+ rights for Indigenous Peoples
Additionally, IWGIA presented its yearbook “The Indigenous World 2023” and course participants made presentations on the issues discussed throughout the week. Selected experts working on the issue of Indigenous Peoples, as well as WGIPM members, served as resource persons and presenters at the course.
Samuel Tilahun Tessema has been a member of the WGIPM since November 2022 and is a Senior Legal Adviser to the IGAD Special Envoy for South Sudan. Before joining IGAD, he worked with the African Commission on Human and Peoples’ Rights in different positions for over nine years.
This article is part of the 38th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous man harvesting quinoa in Sunimarka, Peru. This photo was taken by Pablo Lasansky, and is the cover of The Indigenous World 2024 where this article is featured. Find The Indigenous World 2024 in full here
Notes and references
[1] African Commission on Human and Peoples' Rights. “Resolution on the Renewal of the Mandate, Appointment of the Chairperson, Reconstitution and Expansion of Mandate of the Working Group on Indigenous Populations/Communities in Africa - ACHPR/Res. 455 (LXVI) 2020.” 7 August 2020, https://achpr.au.int/en/adopted-resolutions/455-resolution-renewal-mandate-appointment-chairperson-recons
[2] African Commission on Human and Peoples’ Rights. “Press Release on the Promotion Mission to the United Republic of Tanzania.” 19 January 2023, https://achpr.au.int/index.php/en/news/press-releases/2023-01-19/press-release-promotion-mission-united-republic-tanzania
[3] African Commission on Human and Peoples’ Rights. “Press Statement at the Conclusion of the Promotion Mission of the African Commission on Human and Peoples’ Rights to the United Republic of Tanzania, 23-28 January 2023.” 28 January 2023, https://achpr.au.int/en/news/press-releases/2023-02-24/press-statement-promotion-mission-united-republic-tanzania
[4] Alert on the ongoing ACHPR Promotion Mission to Tanzania 23rd-27th January 2023, 24 January 2023, https://pingosforum.or.tz/wp-content/uploads/2023/01/Tanzania-ACHPR-ALERT-24.01.2023.pdf
[5] African Commission on Human and Peoples’ Rights. “Resolution on the Renewal of Mandate, appointment of the Chairperson and Reconstitution of the Working Group on Indigenous Populations/Communities and Minorities in Africa - ACHPR/Res.533 (LXXIII) 2022.” 9 November 2022, https://achpr.au.int/en/adopted-resolutions/533-resolution-renewal-mandate-appointment-chairperson
[6] African Commission on Human and Peoples’ Rights. “Resolution on the appointment of Expert Members of the Working Group on Indigenous Populations/Communities and Minorities in Africa – ACHPR/RES.553 (LXXV) 2023.” 23 May 2023, https://achpr.au.int/index.php/en/adopted-resolutions/553-resolution-appointment-expert-members-working-group
[7] African Commission on Human and Peoples’ Rights. “Resolution on the appointment of Expert Members of the Working Group on Indigenous Populations/Communities and Minorities in Africa - ACHPR/Res.576 (LXXVII) 2023.” https://achpr.au.int/index.php/en/adopted-resolutions/576-resolution-appointment-expert-members-working-group
[8] African Commission on Human and Peoples’ Rights. “Resolution on Conducting a Study on the Impact of COVID-19 on Indigenous Populations/Communities in Africa - ACHPR/Res. 476 (LXVIII) 2021.” 4 May 2021, https://achpr.au.int/en/adopted-resolutions/476-resolution-conducting-study-impact-covid-19-indigenous-populat
Tags: Land rights, Global governance, Human rights, International Processes
