African human rights system

By Samuel Nnah Ndobe

The notion of indigenous people has sometimes been controversial in Africa. There are some opinions that consider all Africans as indigenous people liberated from colonial powers, while others simply stress that it is very difficult to determine who is indigenous in Africa. The setting up in 2001 by the African Commission on Human and Peoples’ Rights (ACHPR) of a Working Group on Indigenous Populations/Communities and the Group’s report submitted to and adopted by the ACHPR in 2003 have brought a new perspective to this problem. In this report for the first time there was a unanimous acceptance of the existence of indigenous peoples in Africa and this kicked off discussions on how countries could begin to integrate the rights of these peoples into the human rights mainstream. The indigenous peoples of Central Africa include the mostly hunter gatherer peoples commonly called the “Pygmies” and a number of pastoralist peoples. These peoples still suffer discrimination experienced through the dispossession of their land and destruction of their livelihoods, cultures and identities, extreme poverty, lack of access to and participation in political decision-making and lack of access to education and health facilities.

At its 50th Session, the African Commission on Human and Peoples’ Rights (ACHPR) adopted a resolution condemning the recent decision of the World Heritage Committee to inscribe Lake Bogoria in Kenya on the World Heritage List.  The issue at stake was the almost complete lack of involvement of the Endorois (the indigenous owners of the territory) in the decision-making process. This is particularly problematic in light of the African Commission’s earlier decision on the case of Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v Kenya adopted at the 46th Ordinary Session held from 11–25 November 2009 in Banjul, The Gambia, and endorsed by the Heads of State and Government of the African Union in February 2010. This earlier decision and the recent resolution both emphasize that the principle of Free, Prior and Informed Consent (FPIC) must be adhered to in the lands and territories of indigenous peoples.  Failing to involve indigenous peoples in decision-making processes and failing to obtain Free, Prior and Informed Consent constitutes a violation of their right to development under Article 22 of the African Charter, and other international laws.

This Information Note forms part of a Forest Peoples Programme publication entitled Indigenous women’s rights and the African human rights system: a toolkit on mechanisms that was launched on April 28, 2011 during the session of the African Commission on Human and Peoples’ Rights in Banjul, The Gambia. 

This Information Note forms part of a Forest Peoples Programme publication entitled Indigenous women’s rights and the African human rights system: a toolkit on mechanisms that was launched on April 28, 2011 during the session of the African Commission on Human and Peoples’ Rights in Banjul, The Gambia.