The Indigenous World 2026: African Commission on Human and Peoples' Rights (ACHPR)

Written on 22 April 2026. 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 40^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. Find The Indigenous World 2026 in full here

The African Commission on Human and Peoples’ Rights (ACHPR or the Commission) held six (6) sessions in 2025 – four (4) Ordinary and two (2) Extraordinary – sitting for a cumulative total of 63 days to deliberate on matters related to the promotion and protection of human and people’s rights on the continent. The issue of Indigenous Peoples was discussed in three (3) of the sessions through presentation of the Inter-Session Activity Reports by the Chair of the Working Group on Indigenous Populations/Communities and Minorities in Africa (WGIPM); consideration of Periodic Reports; adoption of resolutions and declarations as well as communications.

Periodic/State Reports

During this period, the periodic reports of five (5) States Parties, namely Botswana, Egypt, Ethiopia, Tunisia and Zimbabwe, were reviewed by the Commission. The Commission also adopted Concluding Observations and Recommendations on the periodic reports of Angola, Burkina Faso, Ethiopia and Zimbabwe.

On Ethiopia, the Commission noted that neither the report nor the additional contributions provided any substantial information on issues relating to the rights of Indigenous communities.^[2]

Similarly, on Zimbabwe, the Commission observed that the report did not provide any information on the situation of Indigenous Peoples in Zimbabwe. The Commission further noted the State’s response during review claiming that “there are no specific groups of people that are considered as Indigenous people. Zimbabwe is a unitary and democratic state which does not identify with tribes or clans but guarantees that all regions of the country are included in the national development agenda”.^[3]

With regard to the periodic report of Angola, the Commission applauded the government for submitting a detailed report on the situation of “traditional” and “nomadic” populations. The Commission also commended the Government of Angola for:^[4]

1. The adoption of the National Strategy for the Provision of Education to the Nomadic Populations and Ethnic Minority Groups of Angola;
2. The adoption of a National Development Plan (NDP) that includes priority actions in the field of cultural policy: “Supporting traditional communities, especially the Khoisan and minority ethnic Groups”;
3. The government’s practice of devoting specific funds from the general state budget to the study and monitoring of traditional communities, especially the Khoisan and the minority ethnic groups in the Provinces of Namibe, Huíla and Cuando Cubango.
4. The government’s work to gradually eliminate disparities between urban and rural areas, with a focus on the territories of ethnic minority communities, and its effort to address situations of vulnerability and extreme poverty in accordance with the Sustainable Development Goals (SDGs) and African Union (AU) Agenda 2063;
5. The legislative and policy measures enacted and being considered to protect and preserve national languages through the Curricular Adjustment Program (2018-2025) and the Angolan Languages Bill;
6. The creation of the National Directorate of Communities and Institutions of Traditional Power with the purpose of coordinating public policies for minority groups;
7. The inclusion and efforts to implement Article 21(d) and Article 90 of Angola’s Constitution, which establishes a set of fundamental tasks to promote well-being, social solidarity and raise the quality of life of the Angolan people, namely the most disadvantaged population groups; and
8. The enactment of the Angolan Penal Code (Law No. 38/20 of 11 November), article No. 212 of which penalizes with imprisonment of up to two years those who practice discriminatory acts because of race, color, ethnicity, place of birth, sex, sexual orientation, disease, non-impeding or conditioning physical or psychological disability, belief or religion, political or ideological convictions, social condition or origin or any other forms of discrimination.

On the basis of these observations, the Commission made the following recommendations to the Governments of Ethiopia, Zimbabwe and Angola:^[5]

1. Ratify ILO Convention 169 on Indigenous and Tribal Peoples of 1989;
2. Strengthen the legal or administrative framework that specifically protects the rights of ethnic and linguistic minorities, including their right to own, use, control and manage their ancestral lands;
3. Take measures for the effective participation of all communities in decision-making bodies, where necessary, through the establishment of quotas; and
4. Strengthen and improve access for all communities to essential services, such as education and health.

While reviewing the periodic report of Burkina Faso, the Commission made the same observations as in Ethiopia and Zimbabwe, namely that the reports do not contain substantive information on the existence and situation of Indigenous Peoples in the country. The delegation further indicated that there were no Indigenous Peoples in Burkina Faso and did not respond to other questions posed by the Commission relating to the rights of Indigenous Peoples.^[6]

The Commission noted the government's initiative for the promotion and protection of the languages of minority peoples/communities, through the gradual transcription of national languages followed by their introduction into the education system as taught languages or languages of instruction.^[7]

In light of these observations, the Commission made the following recommendations to the Government of Burkina Faso:^[8]

• Consolidate the measures taken to guarantee the harmonious coexistence of the populations;
• Take measures for the effective participation of all communities in decision-making bodies, where necessary, through the establishment of quotas;
• Take targeted measures for the protection of ancestral lands, including through the issuance of collective title to property that can be trusted in the courts; and
• Strengthen and improve access for all communities to essential services, such as education and health.

Communications

In the year 2025, the Commission considered a total of fifty-two (52) communications, of which nine (9) were decisions on merits, none related to the rights of Indigenous Peoples.

In the Concluding Observations and Recommendations on the periodic report of Ethiopia, the government was urged by the Commission to report on measures taken to implement the decision of the Commission on Communication 419/12 - The Indigenous Peoples of the Lower Omo (represented by Survival International Trust) v Ethiopia (adopted in August 2022).^[9]

The case is about Indigenous agro-pastoralist groups from the Lower Omo River Valley (including Bodi, Daasanech, Hamar, Karo, Kwegu, Mursi and Nyangatom) who alleged that the Ethiopian State was implementing large-scale development projects — notably the Gibe III hydroelectric dam and the State-owned Kuraz Sugar estate — without meaningful Free, Prior, and Informed Consent (FPIC) and without adequate environmental and social assessments, severely imperiling their traditional livelihoods dependent on the river’s natural flood cycle and destabilizing their economic, social and cultural life.^[10]

After reviewing submissions from both sides, the Commission found that Ethiopia had violated Article 22(1) of the African Charter on Human and Peoples’ Rights in relation to the Kuraz Sugar Project (right to economic, social and cultural development with due regard to freedom and identity) but did not find violations in respect of the Gibe III dam or other Charter provisions, and directed Ethiopia to conduct (or publicly disclose) an environmental, social and human rights impact assessment on the Kuraz project and to report back on implementation measures.^[11]

Resolutions

The Commission adopted a total of thirty-two (32) resolutions, of which two (2) are related to the rights of Indigenous Peoples. One of the resolutions is a Resolution for the conduct of the WGIPM’s draft study on Mapping Indigenous Populations and Communities in Africa.^[12]

The WGIPM commenced work towards the development of a Study on Mapping of Indigenous Populations and Communities in Africa in 2024. The objective of the study is to update and supplement the Commission’s 2003 Report. It has undergone technical review by the Expert Members of the WGIPM and the next step, in accordance with the established practice of the Commission, is to conduct stakeholders’ validation and consultation. However, the commencement of the study was not sanctioned by a resolution of the Commission. The resolution is therefore aimed at aligning the study with the requirements of the Commission and, in this regard, mandates the WGIPM to continue the work associated with the conduct of the study of mapping of Indigenous Populations and Communities in Africa.

The resolution also requests the WGIPM to facilitate an inclusive stakeholders’ validation process for the draft Study, including by circulating the Study for comments, organizing validation meetings or consultations, and ensuring the participation of Member States, Indigenous communities, civil society organizations, and other stakeholders.

The other resolution, which is not directly related to Indigenous Peoples but has significance for their cause is the Resolution on Justice for Victims since 1997 of Serious and Massive Human Rights Violations and International Crimes in the Democratic Republic of Congo.^[13]

The resolution is based on the findings of, inter alia, the UN Office of the High Commissioner for Human Rights (OHCHR) Mapping Report on the most serious violations of human rights and international humanitarian law committed between March 1993 and June 2003 in the territory of the Democratic Republic of Congo (DRC), which establishes beyond reasonable doubt the occurrence of acts of genocide, overwhelming evidence, premeditation, and a systematic genocidal plan during the massacres carried out on Congolese soil.^[14]

This UN report makes reference to the plight and victimization of the Batwa and Bambuti communities based on their identities. According to the report: “women from the Batwa and Bambuti communities were targeted because of particular belief that raping a Batwa or Bambuti woman was seen as a cure for certain ailments or way to make the perpetrator invincible.”^[15]

The Resolution urges the Government of the DRC to take all necessary measures, in collaboration with the AU and other stakeholders, to ensure justice for victims.

The Commission further decided to hold a hearing on the situation of the development of effective justice and accountability process for victims of these violations and crimes.

Declarations

In the Second Joint Forum of the Special Mechanisms of the Commission convened from 5 to 6 May 2025 in Banjul, The Gambia, the Forum made the following recommendations to States Parties in relation to the rights of Indigenous Peoples in Africa:^[16]

• Recognize the essential role of Indigenous communities in conservation efforts;
• Issue collective land ownership certificates in appropriate cases in order to guarantee security of tenure and prevent forced displacements;
• Recognize and give effect to the rights of Indigenous Peoples as defined in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP);
• Integrate the rights of Indigenous Peoples and other marginalized communities into development plans.

Statement on the occasion of International Day of the World’s Indigenous Peoples^[17]

On 9 August 2025, on the occasion of International Day of the World’s Indigenous Peoples, the Chairperson of the WGIPM issued a statement on behalf of the WGIPM, aligning with the global theme by highlighting Indigenous youth as agents of change. The statement called for inclusive education, meaningful participation in resource governance and climate action, and strengthened intergenerational knowledge transmission, with particular attention to girls and young women. It also welcomed the Chairperson of the AU Commission’s statement reaffirming commitments under the African Charter, Agenda 2063, and UNDRIP, and advocating inclusive policy-making, equitable resource-sharing, and respect for traditional knowledge.

Inter-Session Activity Reports of the Chair of the WGIPM

Pursuant to the Rules of Procedure of the Commission, Commissioner Litha Musyimi-Ogana, Chairperson of the WGIPM, presented two (2) inter-session reports at the 83^rd and 85^th Ordinary Sessions of the Commission. The reports outlined activities undertaken to promote and safeguard the rights of Indigenous Peoples in Africa during the reporting period.

On the fringes of the 83^rd Ordinary Session (May 2025), the Chairperson convened a meeting with the UN Special Rapporteur on the rights of Indigenous Peoples, representatives of IWGIA, and current and former members of the WGIPM to strengthen collaboration in areas of mutual concern. The meeting resulted in a renewed commitment to enhanced technical cooperation, including in data collection, knowledge-sharing, and the mainstreaming of Indigenous issues within development and human rights frameworks. Participants agreed to reinforce support for the activities of the WGIPM and to improve coordination between the Commission’s mechanisms and relevant UN mandates, particularly the Special Rapporteur on the rights of Indigenous Peoples. It was further agreed to strengthen the role and participation of the WGIPM in the University of Pretoria course on the Rights of Indigenous Peoples in Africa.^[18]

The Chairperson also reported on a Letter of Urgent Appeal addressed to President Cyril Ramaphosa of South Africa concerning reports that the Western Cape Government intends to redevelop the Oude Molen Eco Village heritage site in Cape Town into low-cost (RDP) housing without consultation with Paramount Chief Aran of the Goringhaiqua Goringhaicona Indigenous Traditional Kingdom (GGITK). The Appeal expresses concern that the proposed redevelopment could result in the permanent dispossession of the community from a sacred cultural site where traditional practices and ceremonies continue to be observed. It underscores the potential violation of the community’s ancestral land rights, cultural heritage, customary governance systems, and right to development, as protected under the African Charter on Human and Peoples’ Rights and relevant Commission resolutions on Indigenous Peoples’ rights. The Appeal calls upon the Government of South Africa to halt or reconsider the project, undertake meaningful consultations with the affected Indigenous community and independent experts, ensure the protection of land and cultural rights, and report to the Commission on measures taken to address these concerns.^[19]

University of Pretoria course^[20]

The 15^th edition of the Advanced Course on Indigenous Peoples’ Rights was held in hybrid format from 24–29 November 2025 at the University of Pretoria. The course provided a comprehensive examination of Indigenous Peoples’ rights within African and international legal frameworks. The program covered the concept of indigeneity in Africa; recognition of Indigenous Peoples under international law; UN human rights mechanisms; and the African regional human rights system. Substantive thematic sessions addressed land rights and jurisprudence (including the Ogiek and Endorois cases), FPIC, the rights of Indigenous women and children, strategic litigation, climate change, development and conservation tensions, business and human rights in the Congo Basin, intellectual property protection of Indigenous knowledge, and the right to culture, and engagement with UN treaty bodies. Case studies from Kenya, DRC, South Africa, Botswana and Tanzania grounded discussions in practical realities, while group-based subregional exercises strengthened applied analysis and comparative learning.

The course brought together a distinguished faculty drawn from UN mechanisms, the African Commission system, academia, and civil society. Key presenters included Dr. Albert K. Barume (UN Special Rapporteur on the rights of Indigenous Peoples), Commissioner Litha Musyimi-Ogana (Chairperson, ACHPR WGIPM), Samuel Tilahun (Expert Member, WGIPM), Dr. Melakou Tegegn (former Expert Member, WGIPM), Dr. Francis Magare (ACHPR Secretariat), Melanie Clerc (OHCHR), Lola García-Alix (IWGIA), Lucy Claridge (International Lawyers Project), Prof. Joshua Castellino (Brunel University), Prof Ademola Jegede (University of Venda), Lassana Kone (Forest Peoples’ Program), Lesle Jansen (ACCRA), Jane Meriwas (Samburu Women Trust), Ole Kaunga (IMPACT Kenya), Edward Porokwa (PINGOs Forum), Petrus Hatupopi, and Dr Paul Mulindwa, among others. The program also featured the launch of The Indigenous World 2025, with a special focus on Indigenous youth.

A total of 60 participants completed the course, with 35 attending in person and 25 virtually. Participants represented nine African countries—Kenya, Zimbabwe, Namibia, Tanzania, Uganda, Botswana, Nigeria, DRC, and South Africa—as well as Belgium, Mexico, Spain, Bangladesh, Italy, France, and the UK. The cohort included representatives of Indigenous communities, government officials, National Human Rights Institutions, regional bodies such as the ACHPR and African Court, and civil society organizations, reflecting the course’s strong emphasis on applied advocacy, institutional engagement, and cross-regional collaboration.

Samuel Tilahun Tessema has been a member of the WGIPM since November 2022 and serves as a Senior Legal Advisor to the IGAD Special Envoys for South Sudan and 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 40^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. Find The Indigenous World 2026 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] ACHPR, Concluding Observations on the 7^th – 10^th Periodic Report of the Federal Democratic Republic of Ethiopia under the African Charter on Human and Peoples’ Rights (2015-2023) adopted at the 84^th Ordinary Session held virtually from 21 to 30 July 2025, p. 28.

^[3] ACHPR, Concluding Observations on the 16th Periodic Report of the Republic of Zimbabwe on the implementation of the African Charter on Human and Peoples' Rights (2019-2023) and Second Report under the Protocol on the Rights of Women in Africa (The Maputo Protocol) adopted at the 84^th Ordinary Session held virtually from 21 to 30 July 2025, p. 27.

^[4] ACHPR, Concluding Observations on the 8th – 9th Periodic Report of the Republic of Angola under the African Charter on Human and Peoples’ Rights (2016-2023), the Maputo Protocol and initial Report on the Kampala Convention adopted at the 82^nd Private Ordinary Session held virtually from 25 February to 11 March 2025, pp. 26-27.

^[5] Concluding Observations and Recommendations on the Periodic Reports of Ethiopia, Zimbabwe and Angola.

^[6] ACHPR, Concluding Observations on the 5^th to 7^th combined Periodic Report of Burkina Faso on the African Charter on Human and Peoples' Rights, the Maputo Protocol and the Kampala Convention (2015-2021) adopted at the 82^nd Private Ordinary Session held virtually from 25 February to 11 March 2025, p. 25.

^[7] Id.

^[8] Id.

^[9] Concluding Observations and Recommendations on the Periodic Reports of Ethiopia, p. 5.

^[10] ACHPR, Communication 419/12 - The Indigenous Peoples of the Lower Omo (Represented by Survival International Trust) v. The Federal Democratic Republic of Ethiopia, adopted at the 72^nd Ordinary Session of the African Commission on Human and Peoples' Rights held from 19 July to 2 August 2022 in Banjul, The Gambia.

^[11] Id.

^[12] ACHPR, Resolution for the Conduct of the Study on Mapping of Indigenous Populations and Communities in Africa by the Working Group on Indigenous Populations/Communities and Minorities in Africa - ACHPR/RES.646 (LXXXV) 2025.

^[13] ACHPR, Resolution on Justice for Victims of Serious and Massive Human Rights Violations and International Crimes in the Democratic Republic of Congo since 1997 - ACHPR/Res.643 (LXXXV) 2025 adopted at the 85^th Ordinary Session held from 21 to 30 October 2025 in Banjul, The Gambia.

^[14] Id.

^[15] UN Office of the High Commissioner for Human Rights, Democratic Republic of Congo, 1993–2003, Report of the Mapping Exercise documenting the most serious violations of human rights and international humanitarian law committed within the territory of the Democratic Republic of Congo between March 1993 and June 2003, published on August 2010, para. 650, p. 324.

^[16] ACHPR, Declaration of the Second Joint Forum of the Special Mechanisms of the African Commission on Human and Peoples’ Rights, adopted on 6 May 2025 during the 83^rd Ordinary Session held from 2 to 22 May 2025 in Banjul, The Gambia.

^[17] ACHPR Statement on the Occasion of the International Day of the World’s Indigenous Peoples 9 August 2025.

^[18] ACHPR, Inter-Session Activity Report of the Chairperson of the Working Group on Indigenous Populations/Communities and Minorities in Africa presented at the 85^th Ordinary Session held from 21 to 30 October 2025 in Banjul, The Gambia, pp. 9 – 10.

^[19] Id. p. 9.

^[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