Resolution on Indigenous Peoples
We, Participants at the NGO Forum in preparation of the 48th Ordinary Session of the African Commission on Human and Peoples’ Rights; from 7th – 9th Nov. 2010, in Banjul, The Gambia,
Considering that the situation of oppression and by governments of the indigenous communities continues even in 2010;
Considering that despite the ruling by ACHPR in some states due to violations of articles 14(violation of rights to property) 17(2) Right to culture), 21, 22, and others which guarantees rights to life and property;
Deeply concerned about:
- Increased and continued killings of the Batwa in Burundi;
- The eviction of the Ogiek of Kenya;
- The starving and thirsty for water San Bushmen of Central Kalahari
- The Kenyan government’s non-committal attitude to the implementation of the Endorois Case;
- The displacement of the indigenous pastoralists in Tanzania from their ancestral land;
Condemning in the strongest terms possible:
- The harassments, threats, intimidations, arbitrary arrests, illegal detentions and killings in Burundi and Tanzania
Supporting:
Existing self-regulatory bodies and any other initiatives to set up such bodies in African Union member states according the articles stated above on the rights of the indigenous communities.
Commending:
The ACHPR for giving favourable rulings on the plight of the indigenous peoples.
The NGO Forum call on the African Commission on Human and Peoples’ Rights to adopt a resolution:
1. Condemning the Botswana government for ignoring the ACHPR ruling on the San Bushmen (2006) and reminding the government to implement it and respect the basic rights of the people, most importantly water and land.
2 Urging the Kenyan government to respect its ruling and move with speed to implement the recommendations on the Endorois Case.
3. Urging the Kenya government to stop the intended forced eviction of Ogiek community from Mau Forest, their ancestral land.
4. Urging the government of Kenya to facilitate the mapping of Ogiek territories by the Ogiek Civic society groups.
5. Conducting a special visit to Tanzania to see the situation of the indigenous pastoralists evicted from their lands for themselves.
6. Asking the government of Tanzania to recognize the existence and respect the rights of indigenous communities in Tanzania.
7. Advising the government to make public reports of commissions formed to investigate the violations of human rights in Ihefu, Kilosa and Loliondo, in Tanzania.
8. Urging the Burundi government to stop the wanton killings of the Batwa people:
a. Conducting an urgent visit to Burundi to investigate the situation there as a preventive mechanism of gross human rights violation in the country.
b. Asking the government of Burundi and the government of Botswana to investigate the violation of human rights committed against indigenous peoples in their respective countries and to punish the authors.
Done at Banjul, November 9th, 2010
