The Indigenous World 2025: African Commission on Human and Peoples’ Rights (ACHPR)

Written on 25 April 2025. Posted in African Commission on Human and Peoples’ Rights (ACHPR)

The African Commission on Human and Peoples’ Rights (ACHPR, or the Commission) was established in accordance with Article 30 of the African Charter on Human and Peoples’ Rights (the African Charter) 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 in the continent and elsewhere, 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 66^th 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]

This article is part of the 39^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 activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

In 2024, the Commission undertook several activities aimed at the promotion and protection of human and peoples’ rights, including the rights of Indigenous Peoples, on the continent. In this regard, the ACHPR held four (4) Ordinary Sessions and one (1) Extraordinary Session at which it considered and/or adopted, among others, Periodic State Reports, Concluding Observations; resolutions, communications, and promotion mission reports pertinent to, inter alia, the rights of Indigenous Peoples. Moreover, during inter-session periods, the ACHPR conducted a number of activities including organizing meetings and issuing urgent appeals that are aimed at safeguarding and advancing the rights of Indigenous Peoples in Africa.

State Reports and Concluding Observations

In accordance with Article 62 of the African Charter on Human and Peoples’ Rights (the African Charter), which requires States Parties to submit a status report every two years, three (3) States Parties, namely Mozambique, Burkina Faso, and Angola were reviewed by the Commission. During the examination of these State Reports, the Chairperson of the Working Group on Indigenous Populations/Communities and Minorities (WGIPM), Commissioner Dr. Litha Musyimi-Ogana, posed questions relating to the situation of Indigenous Peoples in the respective countries under consideration.

None of the countries whose reports were reviewed expressly recognize the existence of Indigenous communities within their territories. For instance, the report on Angola makes mention of the various measures put in place by the government to facilitate access to education and promote cultural rights for the San community but falls short of recognizing the community as Indigenous. According to the report, a National Directorate of Communities and Traditional Institutions was established by means of Presidential Decree No. 35/18, under the Ministry of Culture and Tourism, “to coordinate public policies for minority groups”. One of the priority actions of the Directorate includes providing support to “traditional communities, especially the Khoi-San and minority ethnic groups in the Provinces of Namibe, Huíla and Cuando Cubango”. The Report further notes that the government earmarks funds in its annual budget for the study and monitoring of traditional communities, particularly the Khoi-San and other minority ethnic groups.^[2]

The report on Mozambique, on the other hand openly admits a lack of disaggregated data on vulnerable and marginalized people as a limitation of the report, thus hindering the state’s efforts to draw up human rights compliant policies.^[3]

In the year under review, the ACHPR also adopted three Concluding Observations and Recommendations on the State Reports of Eritrea, Uganda and Mozambique.

In line with its good practice of allowing special mechanism mandate holders to pose questions related to their mandate during examination of State Reports, Concluding Observations include sections on each of the thematic issues. Accordingly, the Concluding Observations on the Combined 2^nd and 3^rd Periodic Reports of the State of Eritrea, issued in March 2024, note that both the report of the State of Eritrea and its subsequent written replies do not provide substantial information on or respond to matters related to the rights of Indigenous Peoples although there are at least four Indigenous communities in Eritrea.^[4] On the basis of this observation, the Commission recommended that the Government of Eritrea:^[5]

1. Provide statistics on Indigenous populations and communities in its next report;
2. Ratify ILO Convention 169 on Indigenous and Tribal Peoples of 1989;
3. Pursue its measures to ensure the effective participation of all communities in decision-making bodies, including through the introduction of quotas;
4. Take targeted measures to protect ancestral lands, including through the issuance of a collective title deed that can stand up in court; and
5. Strengthen and improve access for all communities to essential services such as education and health.

In the Concluding Observations on the Combined 6^th to 8^th Periodic Reports of the Republic of Uganda, the Commission took note of the establishment of the national Indigenous People's Reference Committee, as well as the parliamentary representation of Indigenous Peoples such as the Ethur and the Batwa. The Commission also expressed concern at the failure of the Ugandan delegation to provide response to questions raised in relation to the rights of Indigenous Peoples in the country. In view of the foregoing, the Commission recommended that the Government of Uganda:^[6]

• Provide statistics on Indigenous populations and communities in its next report;
• Ensure the enforcement of the 2005 Consent judgement of the domestic Court, which recognized the Mosopisyek people as Indigenous occupants of Mount Elgon, as well as the implementation of the Commission’s recommendation in this regard;
• Redouble its efforts to implement the recommendations of the National Dialogue on the Impact of Extractive Industries on Indigenous Communities held in Kampala, Uganda from 27 to 28 November 2018;
• Ratify ILO Convention 169 on Indigenous and Tribal Peoples of 1989;
• Pursue its measures to ensure the effective participation of all communities in decision-making bodies, including through the introduction of quotas;
• Take targeted measures to protect ancestral lands, including through the issuance of a collective title deed that can stand up in court;
• Strengthen and improve access for all communities to essential services such as education and health;
• Ensure the full registration of voters, according to Article 59 of the Constitution, including marginalized and Indigenous communities; and
• Ensure the full protection of the rights of Indigenous communities, women, children and other vulnerable groups in the context of business/extractive corporations’ activities.

Tanzania Mission Report

At its 81^st Ordinary Session held from 17 October to 6 November 2024, the Commission adopted its long overdue country mission report on Tanzania.^[7] It will be recalled that the Commission undertook a promotion mission to the United Republic of Tanzania from 23 to 28 January 2023 following reports of the forcible eviction of the Masaai community from their ancestral land in the Loliondo Game Controlled Area and Ngorongoro Conservation Area.

The adoption of the report was deferred several times by the Commission to allow time to fully incorporate the comprehensive comments made by members of the Commission on the draft report. Even at the time of writing this article, the Tanzania report is yet to be made public as the Secretariat is still in the process of finalizing it.

Communications

The Commission considered and gave decisions on a total of thirty-three (33) individual human rights complaints, also known as Communications. Nineteen (19) of them were on admissibility and fourteen (14) on the merits. Since these decisions have not yet been published, it is difficult to tell if any of these decisions relate to or are relevant to the rights of Indigenous Peoples.

At its 81^st Ordinary Session, the Commission received an update from the Commissioner Rapporteur regarding the status of implementation of the African Court Judgment in Application 006/12 - African Commission on Human and Peoples' Rights v. Republic of Kenya, commonly known as the Ogiek Case.^[8]

No follow-up seems to have been made by the Commission on the status of implementation of its 2010 Endorois decision. Fourteen years after the decision was issued, no tangible progress has been made in its implementation and momentum in monitoring progress has apparently died down both on the part of the Commission and other stakeholders, including the applicants.

Urgent Appeals

Urgent Appeal to the Government of the Democratic Republic of Congo (DRC)

On 19 January 2024, the Chairperson of the WGIPM sent an Urgent Letter of Appeal to the Government of DRC following reports of violence against and eviction of members of the Batwa Indigenous population from the Kahuzi-Biega National Park. The Chairperson called for the cessation of violence and evictions in order to limit the irreparable damage that may be caused to the lives, livelihoods, bodily integrity, family life, safety and security of vulnerable members of Indigenous communities, including women, children and the elderly.^[9]

Urgent Appeal to Her Excellency Samia Suluhu Hassan, President of the United Republic of Tanzania^[10]

In August 2024, the Chairperson of the WGIPM received reports of the forced relocation of members of the Masaai community from their ancestral lands in Endulen Village in Ngorongoro Conservation Area (NCA), within the vicinity of the UNESCO World Heritage Site. According to the reports, the government premised the relocations on the purported increase in the number of people and livestock in Endulen Village putting pressure on the biodiversity of that conservation area. The reports alleged that, in the process of relocating the community, their rights to education, healthcare and culture have been violated.

In response, the Chairperson of the WGIPM, jointly with the Country Rapporteur for the Human Rights Situation in the United Republic of Tanzania, Commissioner Ourveena Geereesha Topsy-Sonoo, sent a Letter of Urgent Appeal to the President of the United Republic of Tanzania, Her Excellency Samia Suluhu Hassan expressing concern at the reported relocations of the Masaai community, which are not in conformity with Tanzania’s regional and international human rights obligations, and calling on the Government of Tanzania to ensure that no relocation takes place without the free, prior and informed consent of the Indigenous Peoples concerned and only after agreement on just and fair compensation and, where possible, with the option to return. The Urgent Appeal further called for the implementation of the Resolution on Indigenous Populations/Communities in Africa, and the implementation of the Resolution on the Recognition and Protection of the Right of Participation, Governance and Use of Natural Resources by Indigenous and Local Populations in Africa.

A few weeks after issuing the Urgent Appeal, the Commission received positive feedback informing it of the decision by the Government of Tanzania to reinstate social services and lift restrictions against residents of the Ngorongoro Conservation Area. Encouraged by this commendable development, the Commission wrote a Letter of Commendation on 19 September 2024 to Her Excellency President Samia Suluhu Hassan applauding her government for restoring social services, including health, education and water services, in the Ngorongoro Conservation Area. The Government of Tanzania was also commended for the directive to hold local government elections within the Ngorongoro Conservation Area, and the lifting of all forms of restrictions imposed on the residents of the Conservation Area.

On 1 December 2024, President Suluhu Hassan met and had constructive discussions with leaders of the Masaai community living in the NCA. During the meeting, the President announced the government’s decision to create two commissions. The first to assess the land issue/conflict in the NCA and the second to look into the voluntary relocation of the residents from the NCA. The commissions were formally constituted on 23 December 2024.

Meetings

Follow-up Meeting on the Validation of the Study on the Impact of COVID-19 on Indigenous Peoples in Africa

From 14 to 15 March 2024, the WGIPM held a Follow-up Meeting on the Validation of the Study on the Impact of COVID-19 on Indigenous Peoples in Africa, in Freetown, Sierra Leone. The Follow-up Meeting was held to enrich and refine the Study, and to further formulate evidence-based policy recommendations to enhance Indigenous communities' resilience in future public health emergencies.^[11]

Consultation with the Khoi-San Delegation at the Social Cohesion and Cultural Exchange Event

On the sidelines of the Social Cohesion and Cultural Exchange Event convened on 12 September 2024 by the African Kingdoms Diaspora Alliances in Nongoma, KwaZulu-Natal, Republic of South Africa, the Chairperson of the WGIPM held consultations with the Khoi-San delegation from the Western Cape, South Africa, who shared their frustrations and disappointment at the treatment of their ancestral shrine in Cape Town as its existence is under threat if a plan to build low-cost Reconstruction and Development Programme (RDP) houses on the land is approved by the Western Cape Government and the City of Cape Town. The Khoi-San delegation expressed their concern based on various initiatives of the Western Cape Government that are posing a threat to their ancestral connection to the Oude Molen Eco Village, as they have the effect of destroying their heritage. They called for the protection and preservation of their ancestral heritage.^[12]

Press Statement on the International Day of the World’s Indigenous Peoples^[13]

On the occasion of the International Day of the World’s Indigenous Peoples, celebrated internationally every year on 9 August, the Commission issued a press statement. In the Press Statement, the Commission noted that, despite the strides made to date, Indigenous Peoples in different parts of the world continue to face evictions, displacements, and exploitation of their territories, and highlighted that the urgency of promoting and protecting their rights as distinct peoples could not be more timely. Further underscoring the persistence of different circumstances that render Indigenous Peoples vulnerable and disadvantaged, the Commission noted with concern many incidents of forced evictions against Indigenous Peoples and expressed its concern in the light of reports depicting Indigenous Peoples’ limited access to basic services, including education and health.

The Commission called upon States Parties to the African Charter to strive towards the implementation of its Resolution on the Recognition and Protection of the Right of Participation, Governance and Use of Natural Resources by Indigenous and Local Populations in Africa and reiterated the importance of access to natural resources by Indigenous and local populations in Africa. The Commission also highlighted the dependency of Indigenous Peoples on the ecological environment and called upon States to respect that dependency in the execution of development projects relating to housing, agriculture, tourism and activities of extractive industries that may impact on the environments in which Indigenous Peoples live. In addition to that, the Commission urged States Parties to exercise necessary caution and consideration in the development and implementation of laws and policies that adversely impact the environment and to avoid harm to the survival and livelihood of Indigenous Peoples.

Resolutions^[14]

The Commission adopted a total of 37 Resolutions in the year 2024. While one is directly related to the work of the WGIPM, renewing the mandate of some of its members,^[15] others have indirect relevance to the rights of Indigenous Peoples. To mention but a few, Resolution on Promoting the Use of Indigenous and Local Languages as a Medium for Learning and Communication in the Implementation of the African Continental Free Trade Area;^[16] a Resolution on the Need to Take Measures to Reduce Forced Internal Displacement in Africa;^[17] and a Resolution on the Development of Guidelines on the Protection of the Rights of Workers in the Informal Economy Sector in Africa.^[18]

Recommendations

In her Inter-Session Report to the Commission, the Chairperson of the WGIPM made the following recommendations to States Parties:^[19]

• To ratify or accede to the 1989 ILO Convention on Indigenous and Tribal Peoples (ILO Convention 169) and other relevant regional and international instruments;
• To seek inspiration and guidance from the United Nations Declaration on the Rights of Indigenous Peoples in dealing with matters relating to Indigenous Peoples;
• Based on the criteria for identification of Indigenous Peoples as established by the African Commission, States should endeavour to recognize the concept of “Indigenous Peoples”, identify and map Indigenous Peoples within their territories, and obtain and maintain up-to-date data relevant to their welfare; and

• To take appropriate measures to address all forms of discrimination, exclusion and marginalization of Indigenous Peoples within their territories, and protect them against forced evictions by recognizing and protecting their dependence on natural resources and land for survival and existence.

Advanced Course on Indigenous Peoples’ Rights in Africa^[20]

The annual Advanced Course on Indigenous Peoples Rights in Africa took place from 18 to 22 November 2024 at the University of Pretoria, Pretoria, South Africa. A total of 56 participants attended the course, both virtually and in person. The participants hailed from 15 African states, as well participants from Asia, Europe and the Middle East. Various topics on Indigenous issues were presented by resource persons, including a member of the WGIPM. Participants also made presentations in groups on the situation of Indigenous Peoples in their respective sub-regions. The course is run by the Centre for Human Rights of the University of Pretoria in collaboration with IWGIA.

Samuel Tilahun Tessema has been a member of the WGIPM since November 2022 and serves as a Senior Legal Adviser to the IGAD Special Envoys for South Sudan and Sudan. Before joining the Intergovernmental Authority on Development (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 39^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 activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 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] Combined Periodic Report of the Republic of Angola to the ACHPR, pp. 51 & 57, available at https://achpr.au.int/index.php/en/state-reports/republic-angola-7th-periodic-report-2016-2023

^[3] Combined Periodic Report of the Republic of Mozambique to the ACHPR, p. 5, available at https://achpr.au.int/index.php/en/state-reports/mozambique-consolidated-periodic-reports-2015-2021

^[4] The Afar (between 4 and 12% of the total population), the Kunama (2%), the Saho (4%), and the Nara (1%). Concluding Observations on the Combined 2^nd and 3^rd Periodic Report of the State of Eritrea under the African Charter on Human and Peoples Rights (2017-2020), adopted at the 78^th Ordinary (Private) Session February/March 2024, p. 23, available at https://achpr.au.int/index.php/en/state-reports/combined-2nd-and-3rd-periodic-eritrea

^[5] Concluding Observations on the Report of Eritrea, p. 23.

^[6] Concluding Observations on the Combined 6^th – 8^th Periodic Report of the Republic of Uganda, 2013-2022, available at https://achpr.au.int/index.php/en/state-reports/concluding-observations-combined-6th-8th-periodic-uganda

^[7] Final Communique of the 81^st Ordinary Session of the ACHPR held from 17 October to 6 November 2024 in Banjul, The Gambia, available at https://achpr.au.int/index.php/en/news/press-releases/2024-11-07/final-communique-81st-ordinary-session

^[8] Final Communique of the 81^st Ordinary Session.

^[9] Intersession Activity Report of the Chairperson of the WGIPM presented at the 79^th Ordinary Session of the ACHPR held from 14 May to 3 June 2024 in Banjul, the Gambia, available at https://achpr.au.int/index.php/en/intersession-activity-reports/group-indigenous-populationscommunities-minorities

^[10] Intersession Activity Report of the Chairperson of the WGIPM presented at the 81^st Ordinary Session of the ACHPR held from 17 October to 6 November 2024 in Banjul, the Gambia, available at https://achpr.au.int/index.php/en/intersession-activity-reports/indigenous-populationscommunities-minorities-africa

^[11] Intersession Activity Report of the Chairperson of the WGIPM presented at the 79^th Ordinary Session of the ACHPR.

^[12] Intersession Activity Report of the Chairperson of the WGIPM presented at the 81^st Ordinary Session of the ACHPR.

^[13] ACHPR Press Statement on the International Day of World’s Indigenous Peoples, 9 August 2024, available at https://achpr.au.int/en/news/press-releases/2024-08-09/press-statement-international-day-worlds-indigenous-peoples

^[14] Final Communiques of the 78^th, 79^th, 80^th and 81^st Ordinary Sessions of the ACHPR.

^[15] ACHPR Resolution on the Renewal of Mandate of Some Members of the Working Group on Indigenous Populations/Communities and Minorities in Africa – ACHPR/Res.607 (LXXXI) 2024, available at https://achpr.au.int/en/adopted-resolutions/607-members-working-group-indigenous-populationscommunities-minoritie

^[16] ACHPR Resolution on Promoting the Use of Indigenous and Local Languages as a Medium for Learning and Communication in the Implementation of the African Continental Free Trade Area - ACHPR/Res.615 (LXXXI) 2024, 6 November 2024, available at https://achpr.au.int/en/adopted-resolutions/615-indigenous-and-local-languages-medium-learning-and-communication

^[17] ACHPR Resolution on the need to take measures to reduce forced internal displacement in Africa - ACHPR.Res.582 (LXXVIII)2024, 8 March 2024, available at https://achpr.au.int/index.php/en/adopted-resolutions/582-measures-reduce-forced-internal-displacement-achprres582-lxxviii

^[18] ACHPR Resolution on the Development of Guidelines on the Protection of the Rights of Workers in the Informal Economy Sector in Africa - ACHPR.Res.584 (LXXVIII) 2024, 8 March 2024, available at https://achpr.au.int/en/adopted-resolutions/development-guidelines-protection-rights-workers-informal-economy

^[19] Inter-Session Activity Reports of the Chairperson of the WGIPM at the 79^th and 81^st Ordinary Sessions of the ACHPR.

^[20] University of Pretoria, Centre for Human Rights, Advanced Human Rights Course: Indigenous Peoples' Rights. https://www.chr.up.ac.za/courses-presented/indigenous-peoples-rights

Tags: Global governance, Human rights, International Processes