Resolution on the Situation of the Indigenous Populations in Africa

We, the participants of the NGO Forum participating at the 36th Ordinary Session of the African Commission on Human and Peoples’ Rights and the 10th African Human Rights Book Fair held at NGOR DIARAMA from 20th to 22nd November 2004,

Aware of the importance of recognizing and protecting the rights of the minorities and indigenous populations/communities as recognized by the African Charter on Human and Peoples’ Rights;

Recognizing the international law rules for the promotion and protection of the rights of indigenous populations/communities and minorities as guaranteed in the United Nations Declaration on the rights of persons belonging to national or ethnic, religious and linguistic minorities, the 169 Convention of the International Labour Organization on indigenous and tribal populations in independent countries, the International Covenant on Civil and Political Rights, the International Covenant on the Economic, Social and Cultural Rights, the Convention of the Rights of the Child, the Convention on the Elimination of all Forms of Racial Discrimination and the Convention on Biological Diversity;

Considering the progress made by the United Nations on the issue, particularly the establishment of a working group on indigenous populations, the appointment of a Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous populations, the establishment of a Permanent Body on indigenous issues, the declaration in 1994 of the Decade for Indigenous Populations, and the on-going work with a view to a Declaration on the Rights of Indigenous Populations;

Recognizing the commitment of the African Commission expressed through its resolution adopting the report of the Task Force on the situation of the rights of indigenous populations/communities during its 34th ordinary session held at Banjul in November 2003;

Aware of the need for African States and the African Commission in particular to take appropriate measures for the implementation of the report of the Task Force of the African Commission on the situation of the rights of indigenous populations/communities;

Urge the African Commission:

1. To ensure that the report of the Task Force of the African Commission on the rights of the indigenous populations/communities is widely distributed, made available to the indigenous populations/communities, to NGOs involved in human rights and development, to decision makers and other stakeholders interested in providing every possible support to the Experts working group on the rights of indigenous populations/communities in Africa with a view to enabling them to fulfill their mandate effectively;

2. To establish a Special Fund for Africa’s indigenous populations/communities for contributing to the costs relating to the implementation of the mandate of the Experts working group and the development of actions of Africa’s indigenous NGOs;

3. To mobilize the expertise of regional human rights organizations and some United Nations specialized institutions such as UNESCO, ILO, UNICEF, WHO and WIPO for the establishment of pro-active programmes for the promotion of the rights and cultural identity of indigenous populations/communities;

4. To adopt a protocol on the rights of indigenous populations/communities in Africa;

5. To differentiate indigenous populations/communities issues from minorities issues following the example of other human rights organizations and systems, including the United Nations and the Inter-American Organization;

6. To request African States with indigenous populations/communities to take legislative measures or make regulations for the protection of the indigenous cultural identity of some sections of their populations who identify themselves as such;

7. To request the States to take remedial measures against expropriations and spoliations of ancestral lands suffered by several indigenous populations/communities of Africa, particularly the Masai, the Hadzabe, the Pygmies, the Touareg, the Sab, the Ogiek, the Barabaig and the Mbororo;

8. To recommend to the African States to take consistent measures in recognition of the absolute poverty affecting almost all indigenous populations/communities in Africa and ensure that national development and poverty reduction policies address their situation;

9. To recognize the particularly high level of illiteracy among indigenous populations and take the necessary measures for positive discrimination with a view to an education adapted to their way of life;

10. To request the States to take into consideration the impact of the fight against terrorism and security policies on some indigenous communities in certain countries, particularly Algeria, Burkina Faso, /chad, Mauritania, Mali and Niger;

11. To request the States to take effective measures to curb violence against indigenous women and children, particularly during armed conflicts.

Done at Dakar, on 22nd November 2004
The Forum