The Indigenous World 2023: African Commission on Human and Peoples’ Rights (ACHPR)

Written on 30 March 2023. Posted in 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 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 for many years in ensuring and maintaining this vital engagement and dialogue.

In 2020, at the 66^th Ordinary Session, the mandate of the WGIP was renewed and expanded to include the rights of minorities, with the following amended title: “Working Group on Indigenous Populations/Communities and Minorities in Africa” (WGIPM).^[1]

This article is part of the 37^th 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 person in Tanzania. This photo was taken by Geneviève Rose, and is the cover of the Indigenous World 2023 where this article is featured. Find the Indigenous World 2023 in full here.

20^th anniversary of the Working Group on Indigenous Populations/Communities in Africa (WGIP)

During the 71^st Ordinary Session of the ACHPR, the WGIP hosted a one-hour panel discussion on 30 April 2022, commemorating its 20^th anniversary. This celebration had been postponed since May 2021 due to several constraints. The event reflected on the state of Indigenous Peoples’ rights on the continent, WGIP successes, the challenges faced and possible solutions, the scope and expanded mandate of the WGIP (now the Working Group on Indigenous Populations and Minorities/WGIPM) and prospects for enhancing delivery of its mandate. The event was also an opportunity to promote public awareness and visibility of the existence of the WGIP (now WGIPM).

In June 2022, in relation to the 20^th anniversary of the WGIP, IWGIA published a report that re-captures the important and comprehensive work undertaken by the WGIP since its establishment. The report also provides links to all the major documents produced by the WGIP over its first 20 years.^[2]

The Working Group on Indigenous Populations and Minorities (WGIPM)

The WGIPM did not meet physically in 2022. Ever since its establishment in 2000, the WGIP has met physically prior to almost all Ordinary Sessions of the ACHPR to assess and take stock of its work, make activity plans for the next six months and beyond, and meet with Indigenous representatives in order to continuously be informed of human rights violations faced by Indigenous Peoples on the African continent. This practice was interrupted during the COVID-19 pandemic and it did not resume in 2022 in relation to the 73^rd Ordinary Session of the ACHPR held from 20 October – 9 November 2022.

A call for applications for WGIPM Expert Members was launched on 27 June 2022, and a renewed call was made on 30 August 2022. The new WGIPM composition was published on 12 December 2022 via the “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”.^[3] ACHPR Commissioner Litha Musyimi-Ogana from Kenya was appointed as the new WGIPM Chairperson, Commissioner Marie Louise Abomo from Cameroon was appointed as the Vice-Chairperson and Commissioner Solomon Ayele Dersso from Ethiopia was appointed as a Member. Pag-Yendu M. Yentcharé (West Africa), Hawe Hamman Bouba (Central Africa) and Samuel Tilahun Tessema (Eastern Africa) were appointed as Expert Members. No Expert Members were appointed from North or southern Africa, and it was requested that these two positions should be re-advertised as soon as possible.

73^rd Ordinary Session of the ACHPR

The ACHPR held its 73^rd Ordinary Session from 20 October – 9 November 2022 in Banjul, the Gambia, its first Ordinary Session since the COVID-19 pandemic. During the session, the then chair of the WGIPM, Commissioner Solomon Ayele Dersso, presented his inter-session activity report^[4] which highlighted:

Evictions and human rights violations towards the Maasai people in Tanzania

In June 2022, the Maasai Indigenous people in the Ngorongoro District of Tanzania faced gruesome attacks and forced evictions from their lands following the enforcement of a government decision to establish a nature conservation park in the area. These events had been forewarned and condemned in a joint letter issued on 22 February 2022 to the President of Tanzania by the WGIPM Chairperson, together with the Commissioner Rapporteur for Tanzania - Commissioner Ourveena Geereesha.^[5]

This appeal went unheeded, however, and following the eventual evictions in June 2022, the WGIPM Chairperson issued, on 13 June, an “Urgent call for cessation of the eviction of the Maasai Community in the Ngorongoro District in the United Republic of Tanzania”, condemning the actions and calling for strong measures to address these human rights violations.^[6] It also called for an immediate cessation of arbitrary and violent acts; the conducting of proper investigations by the State authorities; adequate compensation for the victims as applicable; and an inclusion of the Maasai in the decision process for land demarcation.

The WGIPM Chairperson emphasized in his inter-session report that the WGIPM was gravely concerned at the poor response of the Government of Tanzania to its commitment to engage with the ACHPR in realizing the rights of Indigenous people, and hoped that the government would take measures to guarantee the restitution of the rights of the Maasai people.

Forced evictions of Benet people in Uganda

On 4 October 2022, the WGIPM Chairperson issued a press statement concerning allegations of violence, intimidation, threats, sexual assault, destruction and confiscation of property, as well as the forceful eviction of the Mosopisyek community of Benet from their land in and around the Mount Elgon region in Uganda, without their Free, Prior and Informed Consent (FPIC).^[7]

The statement noted that the violations have allegedly largely been perpetrated by members of the Uganda Wildlife Authority (UWA) in the process of enforcing a 1993 government decision establishing the Mount Elgon National Park, and that they escalated in the months of June to August 2022 after the community organized peaceful assemblies to reclaim their land. The statement pointed out that the Government of the Republic of Uganda has not enforced the 27 October 2005 court judgement that recognized the Mosopisyek community as Indigenous occupants of Mount Elgon and accorded them the right to remain in temporary settlements and reclaim their schools and services; and also, that the alleged actions of the UWA would amount to grave danger to various rights of the members of this community, including their rights to: life, bodily integrity, justice, freedom of assembly, property, culture, family, existence and natural resources. The statement drew the attention of the Government of Uganda to ACHPR’s Resolution 489 (LXIX) 2021 on the Recognition and Protection of the Right of Participation, Governance and Use of Natural Resources by Indigenous and Local Populations in Africa, which emphasizes the rights of Indigenous populations and communities over the conservation, control, management, and sustainable use of their natural resources, as well as the duty of States to take necessary measures to strengthen their participation in such governance processes.^[8]

The Chairperson called on the Government of Uganda to ensure the cessation of all forms of harassment or violence against the Indigenous Benet community, and hence guarantee their safety and security; ensure due investigations of alleged violations, accountability of the perpetrators, and effective reparations to the victims and/or their families; adopt all necessary measures for the full recognition of the rights of the Benet Indigenous Peoples over their lands, territories and resources as enshrined in the African Charter, and take all necessary steps to effectively implement the Consent Judgement of 27 October 2005; adopt relevant measures to guarantee an integration of international conservation policies and management plans across all protected areas in Uganda; and report back to the ACHPR on the steps undertaken and the result of the required investigations.

The Chairperson emphasized in his inter-session report that the Working Group remains concerned at the disregard of the rights of Indigenous groups and minorities by member states that continues to prevail even after due recognition in constitutional provisions and court judgement issued by these States themselves.

Repression of the Amazigh people in Algeria

The WGIPM Chairperson’s inter-session report recalled the Letter of Urgent Appeal that was sent to the Algerian government on 27 September 2021 regarding the devastating effects of COVID-19 on the Amazigh Indigenous populations, arson attacks in the Indigenous territory of Kabylia and repression against the Amazigh people. The report emphasized that no response had been provided by the Government of Algeria to date and that the repression against the Amazigh people, particularly against the Kabyle community, had increased in recent years, with some 300 Kabyles currently imprisoned without trial, some for as long as two years. The report also noted that Kamira Nait Sid, co-president of the World Amazigh Congress, had been arbitrarily detained for more than 13 months. The inter-session report called on Algeria to conduct independent investigations into the issues raised in the Letter of Urgent Appeal of 27 September 2021, to significantly reduce the length of pre-trial detention and to release Amazigh detainees who are in a situation of arbitrary detention.

Encouraging developments in the Democratic Republic of Congo (DRC)

The inter-session report highlighted that, on 10 June 2022, DRC’s Parliament took a remarkable step in adopting a bill that recognizes the customary rights of its Indigenous population, specifically the Batwa peoples. The Batwa have suffered some of the worst forms of marginalization, discrimination, forced evictions, and even attacks and killings in their struggles to reclaim their land. The bill specifically guarantees access to justice for Indigenous Peoples; and a duty on the part of the State to recognize the traditions, customs and practices of Indigenous Peoples, and to take appropriate measures to facilitate the enjoyment of their rights, including with strategies to tackle their historical marginalization. Although the bill has been criticized for not making any provisions on strategies for land restoration, reparation or compensation, the report noted that the bill is a laudable step in advancing the rights of Indigenous Peoples in the DRC.

African Court Ogiek reparations ruling

On 27 June 2022, following the African Court’s judgement on reparations in the Ogiek case, which was delivered on 23 June 2022, the WGIPM Chairperson issued a press statement highlighting ACHPR’s anticipation for Kenya’s cooperation in implementing the Court’s judgement.^[9] The statement emphasized the significance of the judgement and, most importantly, its implementation, in light of upholding the rights of the people of Kenya, the Ogiek community and Indigenous populations across Africa. The statement also underscored the relevance of the judgement in its ability to hold policy organs of the African Union, as well as member states, responsible, to respect for their obligations to implement the decisions of the African Court. Finally, the statement called on collaborative efforts from the Kenya Human Rights Commission in ensuring that the prescriptions of the judgement are effected by the Kenyan government.

Advanced Course on the Rights of Indigenous Peoples in Africa

The Advanced Course on the Rights of Indigenous Peoples in Africa was run from 7-11 November 2022 by the Centre for Human Rights of the University of Pretoria in South Africa, in collaboration with the WGIPM and 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 59 participants attended the course, including people from 13 African countries (Kenya, Ethiopia, Sudan, Egypt, Ghana, Nigeria, Liberia, Zimbabwe, South Africa, Botswana, Lesotho, Malawi and DRC), three European countries (Austria, Wales and Belgium), and one participant each from Mexico, Haiti and New Zealand. 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 staff from National Human Rights Institutions (NHRIs). Among the CSOs/NGOs were both civil society organizations working on Indigenous Peoples’ rights and those with a more general mandate.

Main topics addressed by the course included:

• Indigeneity in Africa: Indigenous Peoples’ rights and the African regional human rights system;
• Sustainable development and Indigenous Peoples’ rights;
• Policy and practice of African states on Indigenous Peoples’ rights: The Ogiek case in Kenya;
• The plight of the Maasai Indigenous people in Loliondo and Ngorongoro, Tanzania;
• The tension between business enterprises and livelihoods of Indigenous Peoples in the Congo basin;
• Experiences of rights activism by Indigenous Peoples, experiences from South Africa (Khomani San);
• UN instruments and mechanisms on the rights of Indigenous Peoples; and
• Free, Prior and Informed Consent (FPIC) vis-à-vis Indigenous Peoples (extractive industries, infrastructure and energy projects and international banks).

Additionally, IWGIA presented its yearbook The Indigenous World 2022 and course participants made country 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.

Marianne Wiben Jensen is working as senior advisor for IWGIA and is the coordinator of IWGIA’s Land Defence and Defenders Programme. She has a Master’s degree in Cultural Sociology from the University of Copenhagen in Denmark. She has been working on the issue of Indigenous Peoples’ rights for many years, with a particular focus on the African continent. She served as an Expert member of the African Commission’s Working Group on Indigenous Populations/Communities from its establishment in 2001 until 2020, and she is the coordinator of IWGIA’s work related to African Commission processes.

This article is part of the 37^th 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 person in Tanzania. This photo was taken by Geneviève Rose, and is the cover of the Indigenous World 2023 where this article is featured. Find the Indigenous World 2023 in full here.

Notes and references

^[1] African Commission on Human and Peoples' Rights. “455 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://www.achpr.org/sessions/resolutions?id=486

^[2] For more information on this subject see: Couillard, Valérie., and Jérémie Gilbert. The Working Group on Indigenous Populations/Communities in Africa: Celebrating 20 years of Indigenous leadership, standard setting and sensitization. Copenhagen: IWGIA, 2022, https://www.iwgia.org/en/resources/publications/4841-the-working-group-on-indigenous-populations-communities-in-africa-report-20-years-iwgia.html

^[3] African Commission on Human and Peoples’ Rights. Resolution on the Renewal Mandate, appointment of the Chairperson and Reconstitution of the Working Group on Indigenous Population/Communities and Minorities in Africa – ACHPR/Res.533 (LXXII) 2022, https://achpr.au.int/index.php/en/adopted-resolutions/533-resolution-renewal-mandate-appointment-chairperson

^[4] African Commission on Human and Peoples’ Rights. 73^rd Ordinary Session of the African Commission on Human and Peoples’ Rights; Intersession Activity Report Of The Working Group on Indigenous Populations/Communities and Minorities in Africa. 2022, https://achpr.au.int/en/intersession-activity-reports/working-group-indigenous-populations-communities-minorities-africa

^[5] African Commission on Human and Peoples’ Rights. Statement on joint letter of urgent appeal to The United Republic of Tanzania, 22 February 2022, https://www.achpr.org/pressrelease/detail?id=622

^[6] African Commission on Human and Peoples’ Rights. Urgent call for cessation of the eviction of the Masai community in the Ngorongoro district in The United Republic of Tanzania, 10 October 2022, https://www.achpr.org/pressrelease/detail?id=639

^[7] African Commission on Human and Peoples’ Rights. Urgent call for the cessation of multiple rights violation against the Benet Mosopisyek Community in the Republic of Uganda.10 October 2022, https://www.achpr.org/pressrelease/detail?id=660

^[8] African Commission on Human and Peoples’ Rights. 489 Resolution on the Recognition and Protection of the Right of Participation, Governance and Use of Natural Resources by Indigenous and Local Population in Africa – ACHPR/Res. 489 (LXIX)2021, https://www.achpr.org/sessions/resolutions?id=520

^[9] African Commission on Human and Peoples’ Rights. The African Commission looks forward to Kenya’s cooperation for the implementation of the judgement of the African Court on Reparation in Application 006/2012, https://www.achpr.org/pressrelease/detail?id=644

Tags: Global governance, Human rights, IWGIA