Rights of Indigenous Peoples in Africa

Abstract

This chapter examines the contribution of the African Charter on Human and Peoples' Rights as interpreted by the African Commission on Human and Peoples' Rights, to the promotion and protection of indigenous peoples' rights in Africa. The main focus of the chapter is on the work of the African Commission's Working Group of Experts on the Situation of Indigenous Communities/Populations in Africa. It also explores recent jurisprudence of the African Commission and its potential to the realisation of indigenous peoples' rights in Africa. The chapter examines the contextual and historical background of the concept of indigenous peoples in Africa, followed by an analysis of the evolution of the protection of indigenous peoples' rights by the Commission. It then considers the jurisprudential developments on indigenous peoples under the African Charter, the role of State reports, civil society and international institutions, as well as the challenges faced by the Commission. Keywords:African Charter; African Commission; human rights; indigenous peoples; peoples' rights