Resolution on the Rights of Indigenous Peoples
We, the participants to the Forum on the Participation of NGOs in the 44th Ordinary Session of the African Commission on Human and Peoples’ Rights held in Abuja, Federal Republic of Nigeria from 7th to 9th November, 2008,
Whereas Indigenous representatives from the different regions in Africa met together at Abuja, Nigeria from the 7th -9th November, 2008 during the NGO Forum;
Whereas Indigenous delegates stressed that most of the Indigenous peoples on the continent faced common problems requiring common solutions;
Recalling ACHPR /Res.65(XXXIV)03 on the adoption of the “Report of the African Commission’s Working Group on Indigenous Populations/Communities” which reaffirms the need to promote and protect more effectively the human rights of indigenous populations/communities in Africa;
Noting with concern the continuing lack of recognition by African states of the existence of indigenous peoples in their territories and the non acknowledgement of indigenous rights as key human rights issues;
Noting with concern the situation of Indigenous peoples on the continent to continue to remain precarious
Mindful of the mandate of the African Commission in terms of the Charter to promote and protect human and peoples rights;
Recognising the importance of natural resources to Indigenous peoples, the delegates urges the Commission to establish a Working Group on Natural Resources;
Concerned with the current situation of the rights of Indigenous women and children in all African countries, notably that indigenous women remain the most uneducated people in any African country and that they face ongoing struggle for recognition of their land rights;
Concerned that the right to education of Indigenous peoples are constantly under threat as they are forced to receive education based on the dominant cultures of the country;
Condemning the situation of insecurity created by the activities of the LRA rebels in the DRC and the recent forced displacements of indigenous communities from DRC to other neighbouring countries;
Noting with great concern that following the African Commission decision 155/96 relating to the Ogoni People in Nigeria, the Nigerian government has not yet taken any measures to redress the violations of the rights of Ogoni people that were indicated in the Commission’s decision;
Recognizing that the importance of the role of the media in disseminating information and sensitising peoples on indigenous rights issues;
Congratulating the extremely useful work of Working Group on Indigenous Populations and Communities since its creation and underlining especially the impact of sensitisation seminars in helping civil society organisation to gain knowledge on implementation of recommendations of the Working Group at the national level;
Concerned that the financial resources of the Working Group on Indigenous Population are now at stake in reason of the ending of a three year programme, which has not yet been renewed with additional funds;
Recognising the importance of the role of National Human Rights Institutions in each African country and the necessity for indigenous organisations to link more and better with the National Human Rights Institutions in their respective country.
Hereby Call On:
1. States to recognise and respect the rights of indigenous peoples to their natural resources, land, and to the environment as well as their human and cultural rights.
2. The African Commission and all stakeholders:
a. to examine the opportunity of creating a special mechanism addressing the issue of exploitation of natural resources on the African continent;
b. to urge African governments to work towards recognition of sub-surface rights of indigenous peoples in relation to extractive activities in their territories;
c. to address the question of Right to Land stressing that the challenges of ownership of lands and its resources have been responsible for most of the conflicts between states and indigenous peoples;
d. to ensure effective participation of indigenous peoples in political life and ensure the implementation of the UN recognised principle of Free Prior and Informed Consent of indigenous peoples;
e. to reiterate that the right to effective participation is a key right under the African Charter and therefore requests the Nigeria government to ensure the effective participation of the Ogoni people in the choice of any new operator for oil extraction on their land;
f. to ensure that rights of Indigenous women are strengthened and respected notably by ratifying, domesticating and implementing the Protocol to the African Charter on the Rights of Women in Africa; making sure the rights of indigenous women to own property is legally recognised in all African States;
g. to request that African States to take all the necessary measures to ensure the right to education of indigenous peoples, notably: by putting in place appropriate structures that recognise their specific needs and cultural differences; by giving indigenous peoples the right to design their own culturally appropriate education model and curriculum; by allowing use of indigenous languages as medium of instruction in schools and colleges;
h. to look into the situation of the LRA rebels in the DRC and to take necessary measures to ensure the rights of indigenous communities that were forced to leave their homes by LRA rebels;
i. to work on strengthening the media component of their programmes and projects in order to disseminate information about the situation of the human rights of indigenous peoples.
j. Furthermore, we:
i. Request that International agencies, NGOs and the African Commission take all necessary measures to ensure that the Working Group on Indigenous Populations/Communities obtains necessary funding continue its activities;
ii. Call on the Working Group on Indigenous Populations of the African Commission to conduct follow-up activities in regard to its country missions and continues sensitisation of civil society members on effective implementation of the Working Groups recommendations;
iii. Urge that indigenous representatives and NGOs establish a working relationship with National Human Rights Commission in the various countries;
vi. Urge the Commission and all relevant stakeholders ensure compliance of the Commission decision communication 155/96 in relation to the Ogoni People in Nigeria.
Done in Abuja , November 9th, 2008
