►Cooperate, whenever appropriate and feasible, with other international and regional human rights mechanisms, institutions and organisations.

Like all the other subsidiary mechanisms of the African Commission, the Working Group on Indigenous Populations/Communities in Africa derives its existence and mandate from Article 45 of the African Charter on Human and Peoples' Rights (African Charter). Articles 2, 3, 5, 19, 20 and 22 of the African Charter are also relevant to the implementation of its promotion and protection mandate. It is also worth mentioning that the Working Group has been headed by three illustrious Chairpersons, Honourable Commissioner Andrew Chigovera of Zimbabwe, Honourable Commissioner Kamel Rezag Bara of Algeria and Honourable Commissioner Musa Bitaye of The Gambia who deserve to be paid tribute for their distinguished leadership, vision and devoted commitment. Their efforts have contributed significantly to the achievements of the Working Group.

Composition

he WGIP is composed of ten (10) members, three Commissioners and seven (7) Texperts. The members as of March 2013 are:

► Commissioner Soyata Maiga – Chairperson

► Commissioner Lucy Asuagbor – member

► Commissioner Pacifique Manirakiza – member

► Dr. Albert Barume – Expert Member

► Dr. Naomi Kipuri – Indigenous Expert

► Dr. Melakou Tegegn – Expert Member

► Mr. Mohamed Khattali – Indigenous Expert

► Ms Marianne Jensen – Expert Member

► Ms. Hawe Bouba – Indigenous Expert, and

► Ms. Lesle Jansen – Indigenous Expert

As part of its mandate, the Working Group has prepared several important reports and documents on the rights of indigenous peoples, including the 2003 Report which was a ground-breaking document on conceptualising the notion of indigenous peoples in Africa. The document was published in English and French and is still being widely distributed in and outside of Africa. The Report was the first of its kind to provide indigenous peoples in Africa with sound advocacy arguments towards the recognition by States Parties of their fundamental rights, particularly with regards to their right to economic and social development, a healthy environment and their inalienable right to their ancestral lands. As a result, in Kenya for example, indigenous civil society organisations actively used the said report to advocate for the reform of laws and policies, which contributed to the adoption of a new Constitution and a new land policy.

The Working Group also prepared another document entitled “Indigenous Peoples in Africa: The Forgotten Peoples?” which is a summary of the 2003 concept report. To date, the document has been published in French, English, Arabic, Portuguese, Tamacheq, Fulfulde, Maa and Kirundi, in order to make it accessible to NGOs working in the area of the protection of the rights of indigenous peoples and to indigenous peoples in particular. Thanks to the various publications, the Working Group contributed to the development of the jurisprudence of the Commission in this area, and contributed significantly to the understanding of the major characteristics that help to determine indigenous peoples in Africa.

As such, the characteristics/criteria for identifying indigenous people are as follows:

i. Their cultures and lifestyles are significantly different from those of the dominant groups in society and their cultures are under threat of extinction, with some cultures disappearing in some cases;

ii. Their specific lifestyle depends on the recognition of their right and access to their traditional lands and resources;

iii. They suffer marginalisation and discrimination and are considered to be less advanced than the dominant groups;

iv. They often live in inaccessible and geographically isolated areas;

v. They identify themselves as indigenous peoples.

Activities

A- Publications

his is an e-newsletter published twice a year by the Working Group on Indigenous Populations/Communities (WGIP) of Tthe African Commission on Human and Peoples' Rights (the

Commission) with a view to sensitize and create awareness about the situation and rights of indigenous populations/communities in Africa, as well as the mandate and work of the WGIP. Anyone interested in publishing articles, news and information of any kind pertinent to the promotion and protection of indigenous peoples rights in Africa is kindly advised to contact Mr. Samuel Tilahun T e s s e m a a t o r

This first edition of the WGIP Newsletter is dedicated to introducing readers to the WGIP. Accordingly, in this edition the establishment, mandate, composition and activities of the WGIP are discussed in detail. This edition also includes major news highlights on the activities undertaken by the WGIP during the past six(6) months.

he WGIP is one of the oldest and most active special mechanisms of the TCommission. Since its establishment in 2001, it has undertaken several promotion activities that brought the issue of indigenous peoples to the forefront of the Commission's agenda. This article gives readers an overview on the establishment, mandate and activities of the WGIP. Establishment and mandate

The issue of the rights of indigenous peoples featured on the agenda of the Commission for the first time in 1999. During the four subsequent sessions of the Commission, non-governmental organizations conducted an intensive advocacy campaign and drew the attention of the Commission to the critical situation of indigenous peoples on the continent which is characterized, among other things, by marginalisation, exploitation, dispossession, harassment, poverty and illiteracy.

The constant and concerted lobbying helped to convince the Commission of the need to establish a Working Group on Indigenous Populations/Communities. As a result, the Commission adopted a resolution at its 28th Ordinary Session held in November 2000 to establish a working group with the following mandate:

► Examine the concept of indigenous populations/communities in Africa;► Study the implications of the African Charter on Human and Peoples' Rights (African Charter or Charter) for the wellbeing of indigenous communities;

► Consider appropriate recommendations for the monitoring and protection of the rights of indigenous populations/communities.

The Commission established a Working Group of Experts at its 29th Ordinary Session held in May 2001 comprising of three Commissioners, three experts from indigenous communities in Africa, and one independent expert on indigenous issues.

The Group of Experts started implementing its mandate by producing a report entitled “Report of the African Commission Working Group on Indigenous Populations/Communities” which the Commission adopted in November 2003. One of the recommendations of the report was the establishment of a permanent Working Group on Indigenous Populations/Communities in Africa.

In accordance with the recommendations of the report, the Working Group was reconstituted and given a two-year renewable mandate to:

►Secure funding for the activities of the Working Group with the support and collaboration of interested donors, institutions and NGOs;

►Gather information from all relevant sources (including governments, civil society, indigenous populations and communities) on violations of the human rights and fundamental freedoms of indigenous populations and communities;

►Undertake country visits in order to assess the human rights situation of indigenous populations/communities;

►Make recommendations and proposals on specific measures and activities to prevent and redress violations of the human rights and fundamental freedoms of indigenous populations/communities;

►Present an activity report at every Ordinary Session of the African Commission;

S a m u e l T e @ a f r i c a - u n i o n . o r gsamiazeb2005@yahoo.com.

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The Working Group also prepared another publication entitled “Advisory Opinion of the African Commission on Human and Peoples' Rights on the United Nations Declaration on the Rights of Indigenous Peoples” which the Commission adopted at its 41st Ordinary Session held in Accra, Ghana, in May 2007. The document was published as a book in 2010.

In October 2010, the Working Group published, in collaboration with ILO and the University of Pretoria, a report on the constitutional and legislative protection of the rights of indigenous peoples in 24 African countries containing an assessment of the socioeconomic conditions of indigenous peoples, and their right to land and natural resources, environment, culture, language and education. The report included recommendations to African States, relevant UN agencies, AU, other international organisations, as well as civil society and the media.

The Working Group also prepared a Manual on the Protection of the Rights of Indigenous Peoples, in accordance with the African Charter, on the basis of the use of the procedure of Communications/Complaints before the Commission and other regional treaty bodies. The Commission adopted the manual at its 12th Extraordinary Session held in July 2012 in Algiers which is now available on the Commission's website and in book format.

To date, the Working Group has undertaken 14 promotion, research and information visits to the following countries: Burundi (April 2005), Botswana (June 2005), Namibia (July - August 2005), Libya (August 2005), Republic of Congo (September 2005 and March 2010), Niger (February 2006), Uganda (July 2006), Gabon (September 2007), Rwanda (December 2008), Democratic Republic of Congo (August 2009), Kenya (March 2010), Central African Republic (January 2007 and May 2012) and Tanzania (January – February 2013).

In the mission reports submitted for adoption by the Commission, the Working

B – Promotion, and Research and information visits to States Parties

Group presents an analysis of the situation of indigenous communities in the countries visited, difficulties faced in terms of socioeconomic environment and land issues, and makes recommendations to States Parties, financial partners and NGOs with a view to improving the living conditions and wellbeing of indigenous peoples.

One of the strategies adopted by the Working Group to raise awareness about the rights of indigenous peoples and mobilise States Parties and other stakeholders in protecting these rights is to organise sensitisation seminars.

Since its establishment, the Working Group has organised three sensitisation seminars: Yaoundé, Cameroon, in 2006; Addis Ababa, Ethiopia, in 2008 and Brazzaville, Congo, in 2011.

During such seminars, the Working Group organises open discussions on several issues, including the fundamental rights of indigenous peoples, the content of the various publications on the characteristics of indigenous peoples, the relevant provisions of the African Charter, international human rights protection instruments, and the situation of indigenous women and children..

The Working Group participates in several activities at the international level, with the aim to ensure that the issue of indigenous peoples in Africa gains more visibility and to collaborate with various partners in areas of common interest.

The Working Group participates in the meetings of the UN Permanent Forum on Indigenous Issues (UNPFII), which was established as a consultative body within the Economic and Social Council with a mandate to conduct awareness raising activities on issues of indigenous peoples and to promote the integration and coordination of issues relating to indigenous peoples at the United Nations.

Experts of the Working Group also participate in the meetings of the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) which is placed directly under the UN Human Rights Council with a mandate to assist the Council, in the implementation of its mandate, by providing it with thematic skills on matters of indigenous peoples and presenting proposals to the Council for its consideration and approval.

The Working Group has established working relations with other regional human rights mechanisms such as the Association of South East Asian Nations (ASEAN) Intergovernmental Commission on Human Rights and the Inter-American Commission on Human Rights in order to share their experiences and learn more about the rights of indigenous peoples.

Presently, the Working Group is examining ways of establishing close collaboration with the AU Department of Rural Economy and Agriculture in order to promote the AU's adoption of a policy on indigenous peoples in Africa.

Given the allegations of serious violations of the human rights of indigenous peoples

C – Sensitisation activities

D- Participation of experts of the Working Group in the activities of international institutions and activities to promote the rights of indigenous peoples

E- Collaboration with other similar regional mechanisms

F- Urgent appeals/ production of films

on the continent, the Working Group sends urgent appeals to the States Parties concerned for them to put an end to such violations and adopt the necessary urgent measures.

In 2011, the Working Group produced a promotional film entitled “A Question of Justice – Indigenous Peoples' Rights in Africa”. The film captures the precarious living conditions of indigenous peoples in the various regions of Africa. It was produced by the Working Group in collaboration with its partner IWGIA with the aim of raising awareness about the rights of indigenous peoples in order to improve their situation. The film was highly publicized among the various stakeholders and received a positive feedback.

For two years now, the Centre for Human Rights of the University of Pretoria, in collaboration with the Working Group and IWGIA, has been offering a one-week intensive course on the rights of indigenous peoples in Africa, which is the first course of its kind in Africa.

Experts of the Working Group participate in the course and provide insightful contributions on the work of the mechanism and the African Commission. This is one of the strategies adopted by the Working Group to establish good partnership relations with higher learning institutions in order to encourage them to integrate the issue of indigenous peoples into their curricula.

On 31 December 2012 the Chairperson of the WGIP, Commissioner Soyata Maiga, wrote to the President of Africa Development Bank (AfDB), Dr. ,with regards to AfDB's Integrated Safeguard System (ISS), whose draft was released in late 2012. The Chairperson in her letter brought to his attention of the President the fact that the ISS draft does not contain any specific operational requirements to protect the rights of indigenous peoples, and if approved as it is, the AfDB will remain the only multilateral development bank without a specific policy that recognizes and protects the rights of indigenous peoples. While commending the AfDB for making mention of indigenous peoples in the draft, she raised her concern in relation to the need to protect the rights of indigenous peoples as per international law (including the African Charter on Human and Peoples' Rights), in the protection of, inter alia, the traditional land and natural resource rights of indigenous peoples and their right to free, prior and informed consent.

The Chairperson also voiced her concerns regarding the failure of the Draft ISS to

G- Training on the rights of indigenous peoples

The African Development Bank responds to the concerns of the WGIP

News

Donald Kaberuka

take into consideration developing practices by African States, and to comply with the standards of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), which is widely supported by African States as shown in their reports to UN and African treaty bodies as well as the Human Rights Council's Universal Periodic Review (UPR).

In light of this, the Chair urged the President, among others, to:

i. Extend the process of consultation on establishing the new Integrated Safeguards System to allow detailed input from experts from the African Commission, particularly on the key issue of identifying indigenous populations/communities in Africa; and

ii. Establish an open and credible process of consultation with indigenous populations/communities and organisations from throughout Africa, and to commit to a time-bound period for review of the Integrated Safeguard System both as a whole and specifically for impacts on indigenous populations/communities.

In response to her letter, and same concerns raised by other stakeholders, the AfDB organized a consultative meeting - Forum on Indigenous Peoples' Development Issues in Africa - and invited the Commission and the Working Group. At this meeting held in Tunis, Tunisia, from 11 to 12 February 2013, the Commission/Working Group was represented by Commissioner Kaggwa, Commissioner Sahli-Fadel, Dr. Melakou, Dr. Kipuri, Mr. Khattali, Dr. Mukundi, Mr. Loamba, and Samuel Tilahun.

The Forum was attended by, among others, the Minister of Justice and Constitutional Affairs of Uganda, Hon. General Kahinda Otafire, Deputy Minister of Chiefs and Traditional Affairs of Zambia, Hon. Ms. Berina Kawandami, the Commissioner for Political Affairs of the AUC, H.E. Mrs. Aisha Abdullahi, the Vice-President of the AfDB, Prof. Mthuli Ncube and other high ranking officers of the AfDB, the World Bank, and state delegates from various countries. Other institutions and organizations represented at the Forum were the Global Environment Facility, UNPFII, IPACC, Actionaid and others.

At the end of the of the Forum participants strongly urged the Bank to adopt a stand-alone policy on indigenous peoples' and in such policy to adopt the criteria set by the Working Group in identifying indigenous peoples. Participants also urged the Bank to work closely with the Working Group and other stakeholders in developing and executing the policy..

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ith a view to share experiences, synchronize efforts and further enhance Wcollaboration between the various regional and international mechanisms working on the rights of indigenous peoples, the Working Group, in collaboration with IWGIA, organized a two-day Exchange Workshop on Indigenous Peoples' Rights Between the Inter-American Commission on Human Rights, the ASEAN Inter-Governmental Commission on Human Rights and the African Commission on Human and Peoples' Rights from 5 to 6 April 2013 in Banjul, The Gambia.

The Workshop brought together experts from the three regions and regional organizations, and the United Nations. The UN Special Rapporteur on the Rights ofIndigenous Peoples, Prof. James Anaya, was present during the workshop and made the keynote address. The UN Office of High Commissioner for Human Rights was also represented by Mr. Antti Korkeakivi, the Chief of Indigenous Peoples and Minorities Section. The UN Independent Expert on Minority Issues, Ms. Rita Izsák, also attended the Workshop.

The Workshop provided a platform for the exchange of experiences between the three regional organizations and that of the UN; it also provided the opportunity for these organs to lay down the grounds for future collaboration and cooperation, and synchronization of their efforts in the promotion and protection of indigenous peoples rights.

At the end of the Workshop, participants adopted a Final Communiqué with concrete recommendations on areas of and ways of future collaboration and cooperation among the three mechanisms present, and relevant UN special procedure mechanisms.

Family Photo of participants of the Forum on Indigenous Peoples' Development Issues in Africa

Towards a Concerted Effort in Promoting and Protecting Indigenous Peoples Rights

Family Photo of Participants of the Workshop

Mission to Tanzania Accomplished

ollowing the positive response of the Government of the United Republic of FTanzania to the WGIP's request to undertake a mission to the country, the WGIP undertook a Research and Information Visit from 21 January to 6 February 2013. The mission was composed of Dr. Naomi Kipuri and Ms. Nanta Mpaayei.

During the visit the delegation met with representatives of various ministerial offices, embassies, UN specialized agencies, international and local NGOs, including indigenous peoples/ organizations, and visited several indigenous communities living in different parts of the country. The report of the visit will be tabled before the Commission for adoption at its 54th Ordinary Session.

Manual for Indigenous Peoples Rights Advocates Launched

Picture taken during the launching Ceremony

First Bi-Annual Meeting held in Banjul, The Gambia

Members of the Working Group meeting with the UN Special Rapporteur on the Rights of Indigenous Peoples

he manual prepared by the WGIP entitled “Manual on the Promotion and TProtection of the Rights of Indigenous Populations/Communities through the African Human Rights System” was officially launched by Commissioner Soyata Maiga on 7 April 2013 at the NGO Forum in Banjul, The Gambia. The Launching ceremony was attended by members of the WGIP, UN Independent Expert on Minority Issues, and members of the civil society.

It will be recalled that the Manual was adopted by the Commission at its 12th Extra-Ordinary Session held in Algiers, Algeria, in August 2012, The manual is a guide for indigenous peoples rights advocates in Africa on how to use existing African regional human rights mechanisms in advancing the rights of indigenous peoples.

The Manual has a long and shorter version, intended to meet the needs of various stakeholders depending on whether they need detailed information on the available laws, jurisprudences and remedies, or concise and precise information on the same.

The Manual is available in English and French, and can be found on the web page of the Commission, and also in book format.

The WGIP held its first bi-annual meeting for the year 2013 from 7 to 8 April 2013 in Banjul, The Gambia. During this meeting the WGIP assessed activities undertaken during the intersession, and mapped out activities for the next intersession period. It met with the UN Independent Expert on Minority Issues and discussed various issues of common interest. The Working Group also met with representatives of indigenous

The Working Group holds two regular meetings in a year usually for two or three days just before the Ordinary Sessions of the Commission. These meetings enable the Working Group to assess its intersession activities, to plan for the next intersession, finalize reports and other documents, and discuss other relevant issues for the promotion and protection of indigenous peoples rights in Africa. The meetings are closed meetings, but the Working Group may invite indigenous peoples' representatives or other stakeholders to be briefed on the situation of indigenous peoples in a certain country or discuss other issues of common interest.

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Two New Members Elected at the 53rd Ordinary Session of the Commission

With the resignation in November 2012 of one of the long serving members of the WGIP, Mr. Zephyrin Kalimba, as a result of his appointment as a Senator by the President of Rwanda, the WGIP advertised the position since December 2012, and received several applications from indigenous experts in Africa.

The Commission accordingly reviewed the applications received and appointed Ms Hawe Bouba of Cameroon and Ms. Lesle Jansen of South Africa as new members of the Working Group.

The publications and other information on the WGIP are available at

For more information please contact Samuel Tilahun Email: or

http://www.achpr.org/mechanisms/indigenous-populations/SamuelTe@africa-

union.org samiazeb2005@yahoo.com

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