85th Ordinary Session of the African Commission on Human and Peoples’ Rights
INTERSESSIONAL ACTIVITY REPORT
HON. COMMISSIONER DR. LITHA MUSYIMI-OGANA
Member of the African Commission on Human and Peoples’ Rights and Chairperson of the Working Group on Indigenous Populations/Communities and Minorities in Africa (WGIPM)
Covering the period: May 2025 – October 2025
Dated: October 2025
I. INTRODUCTION
1. This report is submitted in accordance with Rule 64 of the Rules of Procedure of the African Commission on Human and Peoples’ Rights (ACHPR) and provides an overview of activities undertaken during the intersessional period between the 84th and 85th Ordinary Sessions of the Commission, in my capacity as Member of the Commission and Chairperson of the Working Group on Indigenous Populations/Communities and Minorities in Africa (WGIPM).
2. The Report is organized into six main sections, including this introduction. The second section presents the activities undertaken under the mandate of the Working Group, including research, consultations, and public advocacy initiatives. The third section focuses on country monitoring and technical cooperation, while the fourth highlights partnerships and capacity-building efforts. The fifth section discusses key human-rights concerns affecting Indigenous populations, communities, and minorities during the reporting period. The final section identifies challenges encountered and provides recommendations aimed at strengthening the promotion and protection of the rights of Indigenous populations and minorities in Africa.
II. ACTIVITIES UNDERTAKEN IN THE FRAMEWORK OF THE WORKING GROUP ON INDIGENOUS POPULATIONS/COMMUNITIES AND MINORITIES (WGIPM)
A. Follow-up on Ongoing Studies and Research
2. The Working Group continued to advance two major studies commissioned towards the end of 2024, namely the Continental Study on Mapping Indigenous Populations/Communities in Africa and the Study on Minorities in Africa. Both studies are designed to strengthen the Commission’s evidence base and provide updated guidance on the recognition and protection of Indigenous populations, communities, and minorities on the continent.
3. During the reporting period, both studies underwent technical consolidation following extensive input from expert members and collaborating institutions. The Mapping Study now integrates data from regional focal points and thematic contributors, covering recognition frameworks, demographic distribution, and emerging challenges such as displacement, climate change, and participation. The Study on Minorities in Africa similarly completed its conceptual and methodological chapters and now moves to the stakeholder validation and consultation phase, during which feedback will be gathered from State representatives, NHRIs, civil-society actors, and academic partners before finalization.
4. Building on the preliminary findings and analytical frameworks developed through the two studies, the Working Group also revised its thematic questions for inclusion in the Commission’s periodic-reporting guidelines to ensure that State Parties systematically address Indigenous and minority issues. The updated questions focus on constitutional and legislative recognition, collection of disaggregated data, participation in decision-making, protection of land and cultural rights, and measures to safeguard Indigenous women and youth. This alignment will enable the Commission to monitor more effectively how States implement obligations arising from the African Charter in relation to Indigenous populations, communities, and minorities.
B. Engagements, Consultations, and Advocacy
Consultations with the former and Current Members of the WGIPM
5. In the margins of the 84th Ordinary Session, I convened focused consultations with former and current Expert Members of the WGIPM and met with the UN Special Rapporteur on the rights of Indigenous Peoples. These engagements resulted in: (i) a joint review and refresh of the Advanced Course on Indigenous Peoples’ Rights in Africa curriculum—re-sequencing modules on FPIC, climate justice, and intersectionality, and agreeing to embed community-led case clinics; (ii) a reaffirmation of ACHPR/WGIPM ownership and stewardship of the course, with partners supporting content and delivery under Commission guidance; (iii) a commitment to forward work and regular technical exchanges, including co-teaching arrangements with Expert Members and the UN mandate; and (iv) a concrete plan to expand delivery to francophone and other university partners, with bilingual materials, a francophone teaching cohort, and outreach to additional host institutions to complement the University of Pretoria hub. These outcomes are being folded into the 2025/26 delivery cycle and the broader WGIPM dissemination plan for the Mapping and Minorities studies.
Opening Remarks at the Hybrid Conference – Justice through Reparations: African-Caribbean Dialogue
6. On 2 June 2025, I had the honour of delivering opening remarks on behalf of the Chairperson of the African Commission on Human and Peoples’ Rights, Hon. Remy Ngoy Lumbu, at the Hybrid Conference titled Justice through Reparations: African-Caribbean Dialogue, held at the Future Africa Campus of the University of Pretoria. The conference was a significant event in the African Union’s 2025 “Year of Reparations,” bringing together African and Caribbean stakeholders, regional human rights bodies, and academic institutions to reflect on pathways to reparative justice. In my remarks, I reaffirmed the Commission’s commitment to addressing historical injustices, including slavery and colonialism, and emphasized the importance of solidarity between Africa and the Caribbean in advancing justice and human dignity. I also highlighted the role of regional mechanisms in shaping policy, promoting accountability, and supporting advocacy efforts for reparations. Specifically, the Working group contributed to the AU Theme of the Year by championing an Ancestry initiative for Afro-Descendants, among others, and provided a valuable platform for dialogue, collaboration, and strategic engagement toward a shared vision of justice and restoration.
UNEP Expert Consultation on Human Rights and the Environment in Nairobi, Kenya
7. On 12–13 July 2025, I participated in the Expert Consultation on Human Rights and the Environment convened by the United Nations Environment Programme (UNEP) at its Headquarters in Nairobi, Kenya, along with Hon. Commissioner Solomon Ayelew Dersso. 'During the consultation, I delivered presentations on the work of the Commission in advancing the nexus between human rights and the environment, highlighting the African Charter’s pioneering recognition of environmental rights, the Commission’s jurisprudence, and ongoing initiatives such as the development of a General Comment on the Right to a Healthy Environment. In particular, I highlighted the notion of Forestry Conservancy, which had been used to encroach into Indigenous lands, stranding National parks, Game Reserves, and wildlife corridors to disinherit them of their land rights in the guise of conservation. A landmark case in Kenya revoking Forestry Conservancy tendencies in Kenya was a welcome move in building jurisprudence in this new area in favour of Indigenous Communities in Africa.
The 5th Ordinary Session of the Sixth Pan-African Parliament in Midrand, South Africa
8. On 22 July 2025, I had the honour of representing the African Commission on Human and Peoples’ Rights at the Fifth Ordinary Session of the Sixth Pan-African Parliament in Midrand, South Africa. I delivered a statement during the debate on the African Union Theme of the Year 2025: Justice for Africans and Persons of African Descent Through Reparations. In my intervention, I emphasized that reparative justice is not limited to financial compensation—it encompasses remembrance, restoration, and responsibility. I highlighted the historical roots of Africa’s human rights struggles, including slavery, colonialism, and systemic racism, and called for truth-telling, policy reform, and legal recognition of harm as essential components of reparations. In particular, I shared the progress we are making in tracking back the return back of stolen cultural Artifacts from our communities during Slave Trade and Colonialism.
9. I also shared the African Commission’s contributions to the reparations agenda, including Resolutions 543 (2022) and 616 (2024), and the outcomes of our high-level panel held in May 2025. I presented key recommendations such as the recognition of the AU’s Sixth Region, granting citizenship to Afro-descendants, and the proposal for an AU Decade for Afro-descendants. I sent letters of commendation to Member States led by Ghana, Sierra Leone, and Guinea-Bissau for their leadership in granting citizenship to diaspora communities. My statement concluded with a call to action for AU Member States to move beyond rhetoric and implement concrete measures that restore dignity and justice. The session was a powerful platform to reaffirm the Commission’s commitment to reparative justice and to engage with continental stakeholders on advancing this transformative agenda.
Forum of African Traditional Leaders in the Kingdom of Eswatini
10. From 5 to 9 September 2025, I had the honour of facilitating on behalf of the WGIPM in particular, the Commission and the wider AU family in the historic Forum of African Traditional Leaders held in Mbabane, Kingdom of Eswatini, under the esteemed patronage of His Majesty King Mswati III. Representing the African Commission on Human and Peoples’ Rights (ACHPR), I delivered opening remarks and a thematic presentation aligned with the African Union’s 2025 Theme of the Year: Justice for Africans and People of African Descent Through Reparations. I expressed deep appreciation to His Majesty for his swift and visionary leadership in hosting this forum, which brought together traditional authorities from across the continent to reflect on the enduring legacies of slavery, colonialism, and neo-colonialism, and to chart a path toward reparative justice and healing.
11. In my presentation, I emphasized that reparations must go beyond financial compensation to include truth-telling, memorialization, policy reform, and restoration of dignity. I highlighted the ACHPR’s contributions through Resolutions 543 (2022) and 616 (2024), and shared examples of recent reparative actions across Africa and the diaspora. I also underscored the critical role of traditional leaders in guiding healing strategies and correcting historical narratives that have misrepresented their resistance to slavery. The forum culminated in the development of a Declaration to be presented by His Majesty to the AU Summit in 2026, and laid the groundwork for the first-ever Continental Conference of Traditional Leaders. It was a deeply meaningful engagement that reaffirmed the importance of indigenous governance in Africa’s pursuit of justice and renaissance.
12. The Chair of the Working Group mainstreamed the Rights of People Living with HIV/AIDS at the Traditional Leaders Forum by organizing a Round Table on HIV/AIDS, which was addressed by the UNAIDS Country Director in Eswatini, the Head of HIV AIDs Prevention Council in the Kingdom, and the Chairperson of WGPLWIVAIDS, among others. The Roundtable was extremely successful, vibrant, and welcomed by the Traditional leaders who immediately formed a Network for Traditional Leaders to support the PLWHIVAIDS.
Continental Workshop: ECOSOCC Rights of Women and Extractive Industries (Supported by GIZ & IPAS)
13. From 25 to 26 September 2025, in Accra, Ghana. I participated in the Continental Workshop on the Socio-Economic Rights of Women, including in the context of extractive industries, co-organized by the African Commission on Human and Peoples’ Rights, GIZ-AU AWARE Project, and Ipas Africa Alliance. I had the honor of moderating the session on “Women in the Extractive Industries,” which explored the human rights implications of extractive activities on women’s livelihoods, land rights, and socio-economic empowerment. The workshop brought together AU organs, Member States, NHRIs, CSOs, and grassroots actors to examine the intersectionality of sexual and reproductive health and rights (SRHR), education, social protection, and economic justice. I contributed to discussions on the urgent need for ratification and implementation of key AU instruments, including the Maputo Protocol and the AU Convention on Ending Violence Against Women and Girls. The workshop concluded with concrete recommendations to strengthen gender-responsive policies and ensure women’s full participation in Africa’s development, particularly in resource governance and benefit-sharing frameworks.
United States Engagements on the AU Theme of the Year 2025 and WGIPM Agenda
14. In October 2025, I visited the State of California to receive an Award. I took advantage of my trip to undertake a series of outreach engagements in Oakland, Sanfrancisco and the Silicon Valley aimed at exploring ways the African Commission could forge linkages and working relationships with the African diaspora communities, academic institutions and technology partners on issues relevant to the AU Theme of the Year 2025—“The Year of the African Renaissance: Strengthening Integration and the Rights of the African Diaspora (Sixth Region)”—and the mandate of the Working Group on Indigenous Populations/Communities and Minorities (WGIPM).
15. In this regard, I held a meeting with the Mayor of Oakland, California, where we exchanged views on the role of local governments and diaspora networks in promoting cultural rights, reparative justice, and youth engagement under the Sixth Region framework, and in particular the AU Decade for Afro-Descendants
16. I also had the rare opportunity to visit the Silicon Valley technological hub and visit the Adobe Headquarters. I participated in a technical consultation with Adobe Inc. to explore opportunities for the inclusion of Kiswahili among its official transcription and accessibility languages. The meeting discussed the significance of language inclusion in digital tools as a means of situating Kiswahili in the Adobe language hub as a way of introducing African languages to them and supporting Indigenous knowledge systems in the digital era.
17. In this same mission, I also visited the University of California, Berkeley, where I engaged with scholars and archivists and discussed initiatives on the development of collaborative projects focusing on the archiving of African music, oral histories, traditional knowledge, and cultural heritage. These discussions aimed to establish pathways for community-based documentation, open-access repositories, and research partnerships aligned with the WGIPM’s focus on cultural identity, Indigenous knowledge, and intergenerational transmission.
18. On the invitation of the Silicon Valley African Film Festival (SVAFF), I participated in the 16th Annual Festival held in San Jose, California, as an Honored Guest. The invitation was extended in recognition of my Book on African Women’s resilience, which I authored in 2015, and highlighted it to African filmmakers. SVAFF recognized my contribution to advancing cultural rights, artistic expression, and the visibility of African and diaspora voices through the Book for film and media use. During the festival, I shared the Commission’s reflections on the AU Theme of the Year 2025, which focuses on the rights of Afro-descendants as part of the Sixth Region of the African Union. My address underscored the importance of arts, storytelling, and film as powerful vehicles for reclaiming African identity, promoting inter-cultural understanding, and amplifying the voices of Indigenous and minority communities.
19. The participation also enabled outreach to members of the African diaspora in North America, creating space for future collaboration on cultural rights, artistic freedom, and digital inclusion. I expressed appreciation to the Festival’s International Advisory Board for the courtesies extended and reaffirmed the Commission’s commitment to deepening engagement with diaspora cultural institutions in line with the WGIPM’s objective of safeguarding African heritage and promoting cultural rights within the broader human-rights framework of the African Charter.
C. Public Statements and Urgent Appeals
10. On 9 August 2025 at the occasion of the International Day of the World’s Indigenous Peoples, on behalf of the Working Group, I issued the Commission’s statement marking the Day, drawing on the international theme to centre Indigenous youth as agents of change, with calls for inclusive education, meaningful participation in resource governance and climate action, and support for intergenerational knowledge transmission—particularly for girls and young women. I also note and welcome the Statement of the Chairperson of the African Union Commission, which reaffirmed AU commitments grounded in the African Charter, Agenda 2063, and UNDRIP, and urged inclusive policy-making, equitable resource-sharing, and respect for traditional knowledge. Read together, the two statements present a coherent institutional position: the Commission’s thematic emphasis on youth and participation operationalizes the AU’s broader development vision by translating it into concrete protection and inclusion measures for Indigenous peoples.
E. Partnerships and Capacity Building
Renewal of the Partnerships with former Working Group Expert Member, IWGIA & UN
11. During the period, as I said, I prioritized strengthening partnerships between the Working Group and institutions that share complementary mandates in the promotion and protection of the rights of Indigenous populations and minorities. In the margins of the 84th Ordinary Session of the African Commission, I held consultative meetings with representatives of the International Work Group for Indigenous Affairs (IWGIA), the Office of the United Nations High Commissioner for Human Rights (OHCHR), and other expert partners to review ongoing areas of collaboration and identify new opportunities for joint action. These exchanges reaffirmed mutual commitment to continue technical cooperation in key areas, including data collection, knowledge-sharing, and the mainstreaming of Indigenous issues in development and human-rights frameworks. One of the main outcomes was an agreement to support the activities of the working group, the co-publication of accessible summary materials, and enhanced coordination between the Commission’s Working Group and UN mechanisms, particularly the UN Special Rapporteur on the Rights of Indigenous Peoples and the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP).
Submission by the African Commission on Human and Peoples’ Rights on the Draft Global Plan of Action for the Health of Indigenous Peoples
12. In July 2025, the Working Group contributed to the Submission by the African Commission on Human and Peoples’ Rights on the Draft Global Plan of Action for the Health of Indigenous Peoples, prepared within the framework of the World Health Organization (WHO). I coordinated the drafting inputs and questionnaire responses, which highlighted the African perspective on Indigenous health, emphasizing cultural safety, traditional knowledge, gender responsiveness, and access to health services for remote and pastoralist communities. This engagement deepened cooperation between the Commission, WHO, and OHCHR in advancing the right to health under Article 16 of the African Charter.
Renewed Partnership and Cooperation with the Center of Human Rights University of Pretoria
13. Cooperation with academic institutions also remained strong. Working with the Center for Human Rights, University of Pretoria, and partners, including IWGIA, has been renewed. In the coming weeks, the Advanced Human Rights Course on Indigenous Peoples’ Rights in Africa will be offered. We look forward to an updated curriculum to integrate new thematic areas such as FPIC, climate justice, intersectionality, and the African Human Rights System. The meeting also reaffirmed the Commission’s ownership of the course, with partners contributing technical expertise under ACHPR leadership. Plans were agreed to expand delivery to francophone and other African universities, with bilingual training materials to ensure broader regional reach and inclusion.
14. The Working Group will continue to leverage these partnerships to strengthen research dissemination, build the capacity of States, NHRIs, and civil-society organizations, and ensure that the findings of the Mapping and Minorities Studies translate into improved protection and promotion of the rights of Indigenous populations, communities, and minorities across Africa.
III. Cross-Cutting Human-Rights Concerns
15. The Working Group continues to observe persistent and emerging cross-cutting human rights challenges affecting Indigenous populations, communities, and minorities across Africa. These issues cut across regions and themes, influencing the enjoyment of collective and individual rights guaranteed under the African Charter. During the period under review, the following matters remained of particular concern to the Working Group.
Transition minerals and the rights of Indigenous populations, communities, and minorities.
16. Across the continent, expansion in the extraction of transition minerals (such as graphite, lithium, cobalt, nickel, and manganese) has heightened human-rights concerns, especially around meaningful engagement, land rights, benefit-sharing, displacement, and environmental impact. According to the 2025 Transition Minerals Tracker, Africa accounts for a significant share of such allegations, and Indigenous and local communities are among those most affected. In Mozambique, for instance, reports available in the public domain have it that the Balama graphite mine resumed exports in July 2025 after community blockades and production halts, illustrating unresolved social tensions around displacement and project access.
17. Likewise, in Namibia, reports from earlier in 2025 highlight community protests against lithium operations, including criticism over payments made to traditional authorities and claims of insufficient consultation. These developments underscore the need for States and operators to embed genuine participation, consent mechanisms, environmental safeguards and transparent benefit flows when designing and authorizing transition-mineral projects.
Meaningful Participation and FPIC
18. Across several African States during this intersession, the working group has noted that the principle of free, prior, and informed consent (FPIC) and meaningful participation have continued to be challenged. In South Africa, for instance, the Khoi and San community leaders publicly critiqued consultation processes launched after key approvals, with limited translation, short notice, and uneven access to information, suggesting FPIC was treated as a mere formality rather than genuine engagement. A recent commentary observed that FPIC is increasingly used as a “box-ticking exercise” in some projects within the country. In September 2025, a United Nations human rights expert in Botswana called for stronger protections and constitutional recognition of Indigenous Peoples, implicitly drawing attention to gaps in participatory mechanisms and legal safeguards.
19. Meanwhile, inputs received during the technical consolidation of the Mapping of indigenous Populations/ Communities and Minorities studies indicated that some consultations in States lack prior sharing of project documents, clear timelines, translation in local languages, or follow-up feedback—practices that compromise substantive participation.
20. These patterns underscore that, even when recognition or development initiatives are underway, the design and execution of participatory processes remain a deeply contested terrain. For WGIPM, this reinforces the need to embed realistic benchmarks and safeguards around FPIC in both Studies, training modules, and the Commission’s questions to States.
Harmful Practices and Gendered Impacts
21. Harmful traditional practices continued to endanger women and girls. For example, here in the Gambia, as said, the death of a one-month-old girl in August 2025, following alleged FGM, reinforces this. Despite reported criminal charges against three women, these events highlighted enforcement gaps and renewed debate about prevention, protection, and accountability.
22. For Indigenous and minority women and girls, the risks are compounded by discrimination linked to identity, location, and social status, which underscores the need for targeted safeguards in services, education, and justice systems during implementation of State obligations.
Data invisibility and weak disaggregation.
23. Persistent undercounting and poor data granularity continue to hinder visibility of Indigenous and minority populations. For example, in the context of our Mapping and Minority Studies, some State inputs indicated that census forms omit self-identification for minority groups, lack geospatial indicators for remote settlements, and fail to capture linguistic and cultural metrics.
24. The Expert Mechanism on the Rights of Indigenous Peoples, in 2025, issued advice emphasizing that States must improve data collection, disaggregation, and capacity to produce indicators on Indigenous populations. These deficiencies limit accountability, planning, and monitoring for the rights and inclusion of Indigenous communities.
IV. Challenges
25. Building on the issues outlined herein, the Working Group faced several practical constraints during this intersession that affect the pace and quality of delivery, as well as the uptake of our outputs by States and partners. The following challenges reflect both the operational needs of Mapping and Minorities Studies and the systemic hurdles that shape the protection of Indigenous populations, communities, and minorities.
Resource and Timeline Constraints
26. Completion and validation of the Mapping and Minorities Studies require funding for convenings, translation, layout, and community-level dissemination. Current resources are stretched, which risks delays.
Data Gaps and Uneven Reporting
27. Several States do not collect or publish disaggregated data on Indigenous and minority communities. Census and administrative tools often lack self-identification fields, geo-referenced service data, and language or mobility indicators.
Variable Consultation practice
28. Consultation processes reported in some countries begin late in the project's cycle, in areas affecting indigenous populations that are not supported by translated materials, or do not provide feedback to communities. This undermines meaningful participation and FPIC.
Gendered Harms that Persist
29. Harmful practices, including FGM in some contexts, continue despite prohibitions. Indigenous and minority women and girls face compounded risks based on gender, identity, and location.
V. Recommendations
30. The recommendations below translate the Working Group’s findings into practical steps for duty bearers and partners. They prioritize the completion and use of the Mapping and Minorities Studies, better integration of FPIC and data standards in State practice, targeted safeguards for women and girls, and wider access to capacity building across language regions.
To States Parties
31. Embed meaningful participation and FPIC in law and practice.
Adopt or revise legal and policy frameworks to require early, continuous, and well-documented consultations, with accessible information, translation, realistic timelines, and written feedback.
32. Improve Data Collection and Disclosure. Include self-identification in census and surveys, add geo-referenced service data for remote and nomadic communities, and report on language, culture, and mobility indicators in periodic reports.
33. Prevent and respond to harmful practices. Operationalize existing laws with local prevention plans, survivor-centered services, community engagement, and accountability measures that reach rural and marginalized areas.
34. Strengthening Education and Language Measures. Integrate Indigenous and minority languages and knowledge systems in curricula, teacher training, and local media, with clear budgets and timelines.
To National Human Rights Institutions and Civil Society
35. Support community-led monitoring. Document consultation quality, FPIC implementation, harmful-practice prevention efforts, and civic-space incidents. Share verified information with the Commission and States.
36. Build local capacity. Co-develop training with the WGIPM and universities on FPIC, data standards, gender-responsive services, and civic-space protections, including toolkits in local languages.
To Regional and International Partners
37. Co-finance validation and dissemination. Support the final validation of the Mapping and Minorities Studies, translation into AU languages, and community-friendly versions for local use.
38. Aligning regional initiatives. Integrate WGIPM benchmarks on FPIC, data, and gender into AU and REC frameworks on development, climate, and biodiversity. Coordinate with WHO on the Global Plan of Action for the Health of Indigenous Peoples.
39. Back the Advanced Course’s francophone stream with faculty, scholarships, and host-university partnerships, and ensure materials are bilingual.
VI. Conclusion
40. The Working Group reaffirms its commitment to advancing the protection and promotion of the rights of Indigenous populations, communities, and minorities across Africa. It will continue engaging constructively with States Parties, civil-society actors, and international partners to ensure inclusive development and equality consistent with the African Charter.
Respectfully submitted,
Hon. Commissioner Dr. Litha Musyimi-Ogana
Chairperson, Working Group on Indigenous Populations/Communities and Minorities in Africa
African Commission on Human and Peoples’ Rights
