INTERSESSION ACTIVITY REPORT
BY
HON. COMMISSIONER DR. LITHA MUSYIMI-OGANA
CHAIRPERSON OF THE WORKING GROUP ON INDIGENOUS POPULATIONS/COMMUNITIES AND MINORITIES IN AFRICA
PRESENTED AT THE
81st ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
3 June 2024 - 17 October 2024
Banjul, The Republic of The Gambia
PART 1: INTRODUCTION
1. This Report is submitted under Rules 25 (3) and Rule 64 of the 2020 Rules of Procedure of the African Commission on Human and Peoples’ Rights (The Rules of Procedure), as well as Section II(3)(d) of the Standard Operating Procedures of the Special Mechanisms of the Commission (Standard Operating Procedures);
2. The Report highlights activities of the Working Group on Indigenous Populations/Communities and Minorities in Africa, carried out during the intersession period following the 79th Ordinary Session of the African Commission on Human and Peoples’ Rights (the Commission) which was held in Banjul, the Republic of The Gambia from 14 May to 3 June 2024.
3. The Report is divided into the following four parts:
Part 1: Introduction;
Part 2: Activities of the Working Group on Indigenous Populations/Communities and Minorities in Africa;
Part 3: Country Monitoring Effort and Activities Conducted in my Capacity as a Member of the Commission;
Part 4: Conclusions and recommendations drawn for consideration.
PART 2: ACTIVITIES OF THE WORKING GROUP ON INDIGENOUS POPULATIONS/COMMUNITIES AND MINORITIES IN AFRICA
A. Letter of Urgent Appeal to Her Excellency President Samia Suluhu Hassan of the United Republic of Tanzania Concerning Alleged Forced Relocation of the Maasai Indigenous Peoples From Ngorongoro Conservation Area as Part of Government’s Biodiversity Conservation Effort
4. Without pre-empting the Report of our Joint Promotion and Fact-Finding Mission to the United Republic of Tanzania which was conducted from 23rd to 29th January 2023 and is still under internal review, in my capacity as the Chairperson of the Working Group on Indigenous Populations/Communities and Minorities in Africa, jointly with the Country Rapporteur for the Human Rights Situation in the United Republic of Tanzania (Hon. Commissioner Ourveena Geereesha Topsy-Sonoo), we sent an Urgent Letter of Appeal to Her Excellency Samia Suluhu Hassan on 20th August 2024, following reports of on-going government’s actions to forcefully relocate Maasai people from Endulen village in Ngorongoro Conservation Area (NCA), within the vicinity of the UNESCO World Heritage Site, where they have lived for generations.
5. It was reported that relocations were for conservation purposes, due to an increase in the number of persons and livestock reared in the Endulen village, in Ngorongoro Conservation Area, putting pressure on the biodiversity of that conservation area. According to reports, the Government adversely impacted the rights of the affected communities in the process of conducting forced relocations, with specific reference to the right to education, the right to healthcare and the right to preservation of culture.
6. In that Letter of Urgent Appeal, we expressed concern that the alleged recent forced relocations may not be in conformity with the United Republic of Tanzania’s legal obligations emanating from the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the United Nations Declaration on the Rights of Indigenous Peoples.
7. In the same letter, we called upon the Her Excellency’s Government to ensure that no relocation takes place without the free, prior and informed consent of the indigenous peoples concerned and should only take place after agreement on just and fair compensation and, where possible, with the option to return. We also called for the implementation of Resolution ACHPR/Res. 334 (EXT.OS/XIX) 2016 on Indigenous Populations/Communities in Africa, and the implementation of Resolution ACHPR/Res. 489 (LXIX) 2021 on the Recognition and Protection of the Right of Participation, Governance and Use of Natural Resources by Indigenous and Local Populations in Africa.
B. Letter of Commendation to Her Excellency President Samia Suluhu Hassan, of the United Republic of Tanzania, following the Reinstatement of Social Services and Lifting of Restrictions Against Residents of the Ngorongoro Conservation Area
8. Following positive feedback to our Letter of Urgent Appeal, on 19th September 2024, in my capacity as the Chairperson of the Working Group on Indigenous Populations/Communities and Minorities in Africa, jointly with the Country Rapporteur for the Human Rights Situation in the United Republic of Tanzania (Hon. Commissioner Ourveena Geereesha Topsy-Sonoo), we sent a Joint Letter of Commendation to Her Excellency President Samia Suluhu Hassan to commend Her Government’s new directives and developments relating to the situation of the residents of the Ngorongoro Conservation Area.
9. In that Letter, we commended Her Excellency’s Government resolve to restore social services including health services, education and water services in the Ngorongoro Conservation Area in the wake of recent protests by the indigenous Maasai communities residing within the Conservation Area, which were suspended. We also commended Her Excellency’s Government directive to hold local government elections within the Ngorongoro Conservation Area, and the lifting of all forms of restrictions imposed on the residents of the Conservation Area.
10. Those groundbreaking decisions and directives were communicated to the affected Maasai communities in Oloirobi Village within the Ngorongoro Ward by the Minister of State in the Prime Minister’s Office responsible for Policy, Parliamentary Affairs and Coordination, Hon. William Lukuvi on 23rd August 2024, accompanied by the Minister of Constitutional and Legal Affairs, the Deputy Minister of Natural Resources and Tourism, the Arusha Regional Commissioner and the Police Force’s Commissioner of Operations and Training.
11. In that Letter of Commendation, we expressed our delight and hope that the directives of Her Excellency’s Government to restore social services and lift all restrictions as issued and communicated to the relevant authorities would be effectively implemented at all levels, including the district and regional levels, to ensure positive impact on the lives of the residents of the Ngorongoro Conservation Area.
12. A response to our Joint Letter of Commendation was subsequently received from the Ministry of Foreign Affairs and East African Cooperation of the United Republic of Tanzania, which acknowledged receipt of the Joint Letter of Commendation through Note Verbale, dated 25 September 2024 (Ref: CHA.87/738/01/9) and communicated that the Letter of Commendation has been transmitted to the Office of the President.
C. Attendance of the Social Cohesion and Cultural Exchange Event Convened by the African Kingdoms Diaspora Alliances, Hosted by His Majesty King Misizulu Sinqobile KaZwelithini in Nongoma, KwaZulu-Natal, The Republic of South Africa
13. On 12th September 2024, in my capacity as the Chairperson of the Working Group on Indigenous Populations/Communities and Minorities in Africa, I attended a Social Cohesion and Cultural Exchange Event, convened with an objective to address pressing contemporary issues that threaten social cohesion, held at the King’s Palace in Nongoma, KwaZulu-Natal, The Republic of South Africa.
14. At that event, I made a presentation on the mandate of the Working Group on Indigenous Populations/Communities and Minorities in Africa as defined in Resolution ACHPR/Res. 65(XXXIV), and briefed the participants on the activities of the Working Group. In addition to that, I called upon traditional leaders to pronounce themselves and speak against threats to social cohesion, such as xenophobia, tribalism and adopt initiatives towards addressing economic inequalities.
D. Consultation with the Khoisan Delegation at the Social Cohesion and Cultural Exchange Event
15. In my capacity as the Chairperson of the Working Group on Indigenous Populations/Communities and Minorities in Africa, I held back to back consultation with the Khoisan delegation from the Western Cape, South Africa who shared their frustrations, great depression and disappointment on the treatment of their ancestral shrine in Cape Town, which its existence is under threat if a plan to build low cost (RDP) houses on the same land is approved by the Western Cape Government and the City of Cape Town. The Khoisan delegation expressed its concern based on various initiatives of the Western Cape Government that are posing a threat to their ancestral connection to the Oude Molen Eco Village, as they have the effect of destroying their heritage. They called for protection and preservation of their ancestral heritage. I will continue to monitor the situation for appropriate action within the mandate of the Commission.
E. Press Statement on the International Day of the World's Indigenous Peoples (9 August 2024)
16. On the occasion of commemoration of International Day of the World’s Indigenous Peoples celebrated internationally every year on 9th August, I released a Press Statement through which the African Commission on Human and Peoples’ Rights joined the rest of the world in celebrating the strides made in the promotion and protection of indigenous peoples’ rights within the African continent and beyond, and recognized the role that the African Union and its organs and mechanisms, as well as the United Nations and civil society organizations have played in that regard.
17. In that Press Statement, I noted that despite the strides made to date, indigenous peoples in different parts of the world continue to face evictions, displacements, exploitation of their territories and similar issues, and highlighted that the urgency in the promotion and protection of their rights as distinct peoples could not be more timely. Today, different circumstances that render indigenous peoples vulnerable and disadvantaged still persist. In that regard, the Commission noted with concern many incidents of forced evictions against indigenous people, and expressed its concern in light of reports depicting indigenous peoples’ limited access to basic services, including education and health services.
18. I called upon States Party to the African Charter on Human and Peoples’ Rights to strive towards the implementation of its Resolution on the Recognition and Protection of the Right of Participation, Governance and Use of Natural Resources by Indigenous and Local Populations in Africa, and reiterated the importance of access to natural resources by indigenous and local populations in Africa. I also highlighted the dependency of indigenous peoples on the ecological environment and called upon States to respect that dependency in the execution of development projects relating to housing, agriculture, tourism and activities of extractive industries that may impact environments in which indigenous peoples live. In addition to that, I urged States Party to exercise necessary caution and consideration in the development and implementation of laws and policies that adversely impact that dependency on the environment, to avoid harm to their survival and livelihood.
F. Participation in the Indigenous Peoples Caucus Side Event on the Margins of the African Business and Human Rights Forum
19. On 8th October 2024 in Narobi, Kenya, I participated in an Indigenous Peoples Caucus side event on the margins of the African Business and Human Rights Forum, convened under the theme “Promoting Responsible Business Conduct in a Rapidly Changing Context“, in my Capacity as the Vice-Chairperson of the Working Group on Extractive Industries, Environment, Human Rights Violations, and as Chairperson of the Working Group on Indigenous Populations/Communities and Minorities in Africa.
20. At that event, I had bilateral discussions with Mr. Morse Flores, Secretary of the UN Voluntary Fund for Indigenous Peoples, to explore avenues for further collaboration with the Indigenous Peoples Caucus in the promotion and protection of the rights of indigenous peoples within the continent.
G. Presentation at a Training on Engaging with the African Commission on Human and Peoples' Rights: Strengthening Religious and Traditional Leaders in Africa on Regional and International Human Rights Mechanisms
21. On 11th October 2024, I attended a training of religious and traditional leaders on engaging regional and international human rights mechanisms, focusing on the African Commission on Human and Peoples’ Rights. The training was convened by the African Centre for Democracy and Human Rights Studies (ACDHRS), in collaboration with the Open Society Foundation (OSF), and the African Commission on Human and Peoples’ Rights (ACHPR). The training was held under the theme “from tradition to transformation: empowering religious and traditional leaders in Africa for the consolidation of democracy rule of law, and human rights.”
22. The training and capacity building initiative aimed to equip leaders with knowledge and skills to improve human rights protection in their communities; to introduce participants to the work of the African Commission on Human and Peoples' Rights (ACHPR) and encourage their active participation; and to establish a network of religious and traditional leaders committed to human rights advocacy.
23. At that training, I made a presentation on “advancing the Protection of Religious and Traditional Rights in Africa through the ACHPR” which defined the ambits of Articles 8, 17 (2) and (3), and 22 (1) of the African Charter, highlighting the obligations of States Party, and methods through which religious and traditional leaders can engage the African Commission, to seek the promotion and protection of those rights.
H. NGO Forum Panel Discussion under the Theme “From words to Action: Building a Resilient and Inclusive Africa: Advancing the Rights of Communities Discriminated on Work and Descent.”
24. On 14th October 2024, I moderated a panel discussion during the NGO Forum preceding the 81st Ordinary Session of the Commission, which focused on shedding light on the plight of Communities Discriminated on Work and Descent (CDWD) within the continent.
25. The panel discussion highlighted the pervasiveness and deeply rooted nature of the issue of discrimination of people/communities based on work and descent in some countries within the African continent. According to the Global Forum of Communities Discriminated on Work and Descent (GFOD), and The Inclusivity Project, the African countries in which the legacy of slavery, caste-based discrimination, and similar practices prevail include Nigeria, Mauritania, Cameroon, Mali, Benin, Gambia, Ghana, Kenya, Niger, Chad, Senegal, amongst others. Communities such as the Osu, Haratine, Mandinka, Fulani, Waata, Wolof, Serahule (Soninke), Serer, Zarma, Tuareg and Mandara face systemic exclusion and discriminatory practices. These marginalized communities experience systemic exclusion, particularly in access to education, justice, and social services. As a result, they remain trapped in cycles of poverty, social stigma, and denial of basic human rights.
26. Against that background, the panel discussion highlighted the human rights concerns emanating from the plight of people subjected to discrimination based on work and descent within the continent and the urgent need to address those concerns by promoting and protecting their rights.
PART 3: COUNTRY MONITORING EFFORT AND ACTIVITIES CONDUCTED IN MY CAPACITY AS A MEMBER OF THE COMMISSION
I. Other activities related to country monitoring efforts, including Letters of Urgent Appeal, Letters of Commendation, and Press Releases relating to the human rights situation in Egypt, Eritrea, Eswatini, Gambia, and Sierra Leone, as well as the inter-sessional activities carried out in my capacity as a member of the Commission are contained in my Activity Report of the Committee on the Protection of the Rights of People Living with HIV and those at Risk, Vulnerable to and Affected by HIV in Africa, for which I am the Chairperson.
PART 4: CONCLUSIONS AND RECOMMENDATIONS DRAWN FOR CONSIDERATION
J. Considering the foregoing, I make the following recommendations, mutatis mutandis, to States Parties and various stakeholders:
(i) To States Parties that have not yet ratified or acceded to other relevant regional and international human rights legal instruments advancing the rights of indigenous peoples, I urge them to consider the ratification of/accession to such instruments, such as, but not limited to the 1989 ILO Convention on Indigenous and Tribal Peoples (the ILO Convention 169).
(ii) In handling matters relating to indigenous peoples, States must strive to seek inspiration and guidance from the United Nations Declaration on the Rights of Indigenous Peoples, as adopted by the UN General Assembly on 13 September 2007 in general, and in particular from Member States such as Tanzania and DRC that have taken progressive action towards addressing indigenous peoples challenges brought to the attention of the Commission.
(iii) Based on the criteria for identification of indigenous peoples as established by the African Commission, States must endeavour to recognize the concept of “indigenous peoples”, identify and map indigenous peoples within their territories, obtain and maintain up-to-date data relevant to their welfare.
(iv) States must adopt targeted measures that are tailored to the plights of different indigenous peoples within their territories, to ensure the promotion and protection of their rights, with a special focus on their socio-economic rights (the rights to adequate food, to adequate housing, to education, to health, to social security, to take part in cultural life, to water and sanitation, and to work), and enact appropriate laws, policies and affirmative interventions.
(v) States must adopt appropriate measures to enhance the preparedness and resilience of indigenous peoples in the face of climate change and pandemics (public health emergencies).
(vi) States must take appropriate measures to address all forms of discrimination, exclusion and marginalization of indigenous peoples within their territories, and protect them against forced evictions by recognising and protecting their dependence on natural resources and land for survival and existence.
(vii) Non-Governmental Organizations with work related to the promotion and protection of the rights of indigenous peoples must regularly and in a timely manner update the Commission on emerging issues, with appropriate recommendations for action, within the ambits of the mandate of the Commission.
