Activities as Commissioner
INTERSESSION REPORT OF THE WORKING GROUP ON INDIGENOUS POPULATIONS/COMMUNITIES IN AFRICA
Commissioner Soyata MAÏGA
Chairperson of the Working Group
55th Ordinary Session of the African Commission on Human and Peoples’ Rights
28 April – 12 May 2014
In accordance with Rule 23(3) of the Rules of Procedure of the African Commission on Human and Peoples’ Rights (the Commission) and in my capacity as the Chairperson of the Working Group on Indigenous Populations/Communities (the Working Group), I present this report on the promotion activities carried out since the 54th Ordinary Session of the Commission held in Banjul, The Gambia, from 22 October to 12 November 2013.
The report also covers activities carried out by other members on behalf of the Working Group.
I – Activities undertaken in my capacity as the Chairperson of the Working Group
Participation in Seminars/Forums
5 – 6 February 2014
The Working Group in collaboration with its focal point in Tunisia and Algeria, Congres Mondial Amazigh, organized a Regional Sensitization Seminar on the Rights of Indigenous Peoples’ in North Africa in Tunis, Tunisia, from 5 to 6 February 2014. A total of forty-seven delegates participated at the Seminar representing the Office of the High Commissioner for Human Rights, the Working Group, and national human rights institutions, non-governmental organizations and indigenous communities from the North African sub-region.
The main objectives of the Seminar were to sensitize key stakeholders in North Africa about the work of the Working Group; to identify the main challenges faced by indigenous communities in the sub-region and the principal tenets of a strategy for better collaboration among the various stakeholders present at the Seminar. In view of these objectives, various issues pertinent to the topic were discussed including:
The state of indigenous peoples in Africa;
International legal and institutional frameworks for the promotion and protection of indigenous peoples’ rights;
The African human rights system and indigenous peoples’ rights;
Key challenges facing indigenous peoples in North Africa;
Recognition and legal protection of indigenous peoples’ rights at the regional and international level, and best practices; and
Development of a strategy to strengthen advocacy and promote networking among NGOs in the North African region involved in the protection of indigenous peoples’ rights.
In my opening address, I underscored how important it was for the Working Group to exchange with the various stakeholders, for the first time and after several failed attempts, on the general situation of the rights of indigenous communities in North Africa, especially in light of new developments in the region since the start of the Arab spring.
I emphasized the need for participants to focus their interventions and contributions on challenges being faced relating in particular to arabization policies, the recurring question of respect for the identity, language and culture of populations concerned as well as their specific needs in the area of justice and socio-economic and political rights. I also urged the various stakeholders attending the Seminar to deliberate on possible solutions likely to enhance the living conditions of indigenous peoples enabling them to contribute to the development of their countries, as full citizens.
At the end of the Seminar participants adopted a Final Communiqué wherein concrete recommendations were made to all stakeholders including the Commission, governments, national human rights institutions, NGOs and indigenous communities of the North African sub-region. The English, French and Arabic versions of this Final Communiqué are available on the website of the Commission www.achpr.org.
The African Development Bank (AfDB), which commissioned a study on the need to develop a specific policy for this institution in favour of indigenous peoples, could not participate in the Seminar, though the Working Group had met earlier with the consultant undertaking the study and discussed the draft report of the study. The Working Group hopes that the AfDB, like other development institutions, will develop such a policy within a short timeframe.
B. Letters / Urgent Appeals
It will be recalled that in 2011 the Commission adopted Resolution no. 197/2011 regarding the protection of indigenous peoples' rights in the context of the World Heritage Convention and the designation of Lake Bogoria as a World Heritage Site. Through this Resolution the Commission expressed its concern over the designation of Lake Bogoria as a World Heritage without obtaining the free, prior and informed consent of the Endorois, an indigenous community living in the area, and despite the fact that the Endorois Welfare Council had urged the World Heritage Committee to defer the nomination because of the lack of meaningful involvement and consultation with the Endorois.
In the Resolution, the Commission further noted that the inscription of Lake Bogoria on the World Heritage List without involving the Endorois in the decision-making process and without obtaining their free, prior and informed consent contravenes the Commission’s decision in Communication 276/2003, Centre for Minority Rights and Development & Minority Rights Group International on behalf of Endorois Welfare Council v Kenya, which affirms the rights of ownership of the Endorois to their ancestral lands around Lake Bogoria and that these rights are protected by Article 14 of the African Charter on Human and Peoples’ Rights.
As a follow-up to this Resolution, on 5 November 2013 I wrote a letter to Mr. Kishore Rao, Director of the UNESCO World Heritage Centre, reiterating the above-raised concerns of the Commission and calling on his office to:
review and revise its current procedures to ensure that the implementation of the World Heritage Convention is consistent with the UN Declaration on the Rights of Indigenous Peoples;
establish measures to ensure full transparency in the processing of nominations, including making nominations publicly available as soon as they are received to enable the affected indigenous peoples, communities and other stakeholders to have adequate time to review and respond to the nominations being assessed by the World Heritage Committee;
work with the IUCN, responsible in carrying out technical evaluations of World Heritage nominations, to recommend if required, the deferral of nominations pursuant to its powers under the Operational Guidelines, where it cannot be verified that the affected indigenous people have been adequately consulted, involved and their concerns reflected in the nomination documents and management plans, and that their free, prior and informed consent has been obtained;
review and revise its procedures for evaluating the state of conservation of World Heritage sites, with a view to ensuring that indigenous peoples' rights are respected, protected and fulfilled in the management of World Heritage areas;
collaborate with the Government of Kenya, the World Heritage Committee and UNESCO to ensure the effective participation of the Endorois in the management and decision-making of the ‘Kenya Lake System’ World Heritage area through their own representative institutions;
urge the Government of Kenya to fully implement the Commission’s Endorois Decision in the World Heritage Area.
On 3 December 2013, Mr. Rao responded to my letter indicating that the appeal and concerns of the Endorois community are under consideration. He detailed the various safeguard measures that are put in place to ensure the rights of indigenous peoples living in and around World Heritage Sites are not adversely affected. I would, therefore, like to seize this opportunity to commend UNESCO for considering my appeal and for taking measures to prevent similar situations from happening again.
On 6 August 2013, I sent an Urgent Appeal to the Government of Botswana on allegations of the effect that Mr. Gordon Bennett, a lawyer of the Basawara people, was prevented from entering this State Party where he was due to represent this indigenous community before the national courts. We are still awaiting the response of the Government. However, it was indicated in my Appeal that these allegations, if true, amount to serious violations of the rights of defence and the right to a fair hearing, guaranteed in the African Charter as well as other relevant regional and international instruments ratified by Botswana.
II - Activities carried out by Expert Members of the Working Group
Report of the Research and Information Visit to the United Republic of Tanzania
The Working Group undertook a Research and Information Visit to the United Republic of Tanzania in January 2013 and the report was adopted by the ACHPR at its 15th Extraordinary Session held in Banjul (Gambia) in March 2014.
In line with Rule 60(4) of the Rules of Procedures of the Commission the report has been forwarded to the State to give its comments, if any, within sixty (60) days.
Regional Sensitization Seminar in Tunis
Expert members of the Working Group participated in the Regional Sensitization Seminar in Tunis and greatly contributed to discussions through their expertise and high quality presentations on examples of best practices observed in other regions. They enhanced the level of discussions and facilitated the formulation, by participants, of pertinent recommendations for consideration by their governments. I would like to take this opportunity to once again commend them and also thank our partner IWGIA, whose financial contribution made it possible to successfully conduct this activity.
Some other organizations have also expressed their interest to serve as focal points of the Working Group. The Working Group will decide upon these requests at its next meeting. Organizations that want to serve as focal points of the Working Group are kindly advised to contact Mr. Samuel Tilahun, the assistant to the Working Group.
Electronic Newsletter of the Working Group – The Voice of the Indigenous
The Working Group is soliciting articles, news or any other stories relating to indigenous communities in Africa for the second edition of its E-newsletter – The Voice of the Indigenous. And hence anyone interested in publishing an article or news on this E-newsletter can contact Mr. Samuel Tilahun Tessema at firstname.lastname@example.org.
Study on Extractive Industries
The “Study on Extractive Industries, Land Rights and the Rights of Indigenous Communities/Populations in East, Central and Southern Africa” that is commissioned by the Working Group is progressing as per the timelines set for it. The consultant who is undertaking the Study forwarded the first draft of the report to members of the Working Group for their comments and inputs. Once inputs are made by members of the Working Group, the first draft of the report will be finalized and presented at a validation seminar that is planned to be held in June or July of this year.
The report is expected to be finalized by the end of this year. ….
Participation at a World Bank meeting
In December 2013 Dr. Naomi Kipuri and Ms. Lesle Jansen, expert members of the Working Group, attended a Consultation Meeting of African Indigenous Peoples organized by the World Bank in Cape Town, South Africa.
As I reported in my last inter-session report, although the Working Group organized in Nairobi, and invited the Government of Kenya to a Workshop on the Status of Implementation of the Endorois Decision of the African Commission in September 2013, the government was regrettably absent during the Workshop. I, therefore, want to once again call upon the Government of Kenya to honour its promises and report on the status of implementation of the Endorois decision.
I would also like to call upon the Government of Botswana to respond to my Urgent Appeal of 6 August 2013 concerning the alleged prevention of Mr. Gordon Bennet, a Lawyer of the Basawara People, from entering the Republic of Botswana.
IV. Planned Activities of the Working Group
Several activities are planned for the coming months. I would like to draw the attention of State parties to their obligation to support and facilitate implementation of the African Commission’s general mandate.
For the successful execution of our planned activities, which are geared towards the betterment of the situation of indigenous communities in Africa, we rely on the support and assistance of all stakeholders particularly States and NGOs. I call on the governments of Cameroon and South Africa to invite us to undertake the planned visit to their countries, and NGOs, national human rights institutions and other partners to continue providing us with the necessary information and logistical support that are indispensable in discharging our mandate.
During the inter-session major improvements in the human rights situation of indigenous communities has not been reported. Rather intimidation of indigenous peoples’ rights activists and eviction of indigenous communities have been reported in Kenya and Tanzania.
I, therefore, would like to urge states to refrain from taking any regressive measures that adversely affect the rights of indigenous communities, and to ensure that indigenous communities are well informed and consulted in line with internationally agreed standards with regards to projects that affect them.
States are urged to take specific legislative, administrative, institutional and other measures to promote and protect the rights of indigenous peoples.
States are also urged to ratify the ILO Convention 169, and continue collaborating with the Working Group.
They should also undertake to incorporate the relevant provisions of the UN Declaration in their domestic legislation and ratify the ILO Convention 169 without delay.
States, TFPs, NHRIs and NGOs are as well urged to work closely with the Working Group for the recognition and realization of the rights of indigenous peoples in Africa/.
Activities as Commissioner
Commissioner Soyata MAIGA
Special Rapporteur on the Rights of Women in Africa
55th Ordinary Session of the African Commission on Human and Peoples’ Rights
28 April - 12 May 2014
In accordance with the provisions of the Rules of Procedure of the African Commission on Human and Peoples’ Rights (the Commission), this report gives an account of the promotion activities undertaken since the 54th Ordinary Session of the Commission held in October 2013 in Banjul, The Gambia.
The report includes activities carried out in my capacity as:
1. Commissioner; and
2. Special Rapporteur on the Rights of Women in Africa.
I - Activities conducted in my capacity as Commissioner
1. Addis Ababa: 27 - 29 January 2014
I attended the 24th Ordinary Session of the Executive Council of the African Union.
2. Addis Ababa: 30 - 31 January 2014
I attended the 30th Ordinary Session of the Assembly of Heads of State and Government of the African Union.
3. During the mission in Addis Ababa, I met with a delegation from the EU and discussed the collaboration between the EU and the Commission regarding the capacity-building of members of the Secretariat and EU support to special mechanisms of the Commission.
4. 7 - 14 March 2014
I participated in the 15th Extraordinary Session of the Commission held in Banjul, The Gambia, during which several Communications were considered on seizure, admissibility and merits. During the Session, the Commission also adopted resolutions on the human rights situation in some countries, concluding observations and other reports and documents of special mechanisms.
II- Activities conducted in my capacity as Special Rapporteur on the Rights of Women in Africa
A - Collaboration with States Parties
5. 13 -18 January 2014
I participated in a joint promotion mission of the mechanism of the Special Rapporteur and the Chairperson of the Commission which took place in Libreville, Gabon. We met with the country’s highest authorities, women’s NGOs and human rights organisations.
The report of the mission, including recommendations to the various stakeholders towards the effective promotion and protection of women’s rights, will be presented to the Commission during its private session.
B – Seminars and meetings with civil society organisations and other institutions and partners working in the area of women’s rights promotion
6. 13 - 15 November 2013
I participated in Luanda, Angola, in a workshop/training seminar organised by an Angolan NGO, AJPD and Open Society. The training seminar brought together Angolan NGOs and government representatives. The issues discussed included the African human and peoples’ rights system, and the Commission’s relationship with NGOs and NHRIs.
7. Participants were briefed on the Commission’s Communication procedure, and the mandate and activities of the Commission’s special mechanisms on the rights of women and the rights of human rights defenders.
8. Participants shared the experiences of the national human rights commissions of South Africa and Mozambique. Participants also discussed issues relating to the need for Angola to establish a national human rights commission.
9. Several recommendations were adopted, in particular regarding respect for human rights by States Parties, and the need for greater synergy between the Commission and other human rights promotion and protection stakeholders in Africa.
10. 21 - 24 November 2013
I participated, at the Quai Branly Museum in Paris, in a prize award ceremony at the invitation of the Chirac Foundation Prize for Conflict Prevention. A prize was awarded to Dr Musenge of the Democratic Republic of Congo, and the Special Prize of the Jury for Conflict Prevention was awarded to Femmes Africa Solidarité (FAS), a women’s NGO, for its efforts to combat violence against women and activities to address security challenges faced by women in African countries in conflict, particularly in the Democratic Republic of Congo.
11. 6 - 7 December 2013
I participated, at the Orsay Museum in Paris, in the meeting of African First Ladies on gender-based violence in Africa. The meeting brought together the media and African women’s NGOs working in the area of gender-based violence. Testimonies on the situation of sexual violence in the Central African Republic and Libya were given by victims, and several first ladies made statements on commitments made in their respective countries to promote women’s rights and combat gender-based violence.
At the end of the meeting, the Paris Declaration was adopted to serve as a roadmap for future joint activities towards eradicating gender-based violence, particularly in countries in conflict.
12. 10 December 2013
I participated, at Quai d’Orsay in Paris, in a seminar on violence against women organized by Ms Patrizianna Sparacino, French Ambassador for Human Rights. The meeting was attended by representatives of Amnesty International, UN Women, and national NGOs to combat violence against women. The discussions focused on the challenges faced by women in the Democratic Republic of Congo, including access to justice and reparation. Participants also shared the experience of Ms Julienne Lusenge, a women’s rights activist and Director of the NGO Fonds pour les Femmes Congolaises which conducts its activities in Goma and Bukavu.
13. I made a presentation on my mandate as Special Rapporteur and lessons learned, and on the Commission’s protection mandate.
Participants underscored the need for collaboration between government representatives and NGOs towards greater efficiency and the effective implementation of regional and international instruments at the country level.
14. 23 - 24 January 2014
I attended the 23rd GIMAC pre-summit consultative meeting held in Addis Ababa, Ethiopia. About one hundred representatives of civil society and women’s and youth’s organizations discussed the theme of “Women in Agriculture and Food Security” and other crucial issues such as the post-2015 agenda, reproductive right and health, emerging conflicts in Africa, climate change and climate justice.
15. The main theme of “Women in Agriculture and Food Security” is closely linked to the sexual and reproductive health of women and girls. Indeed, women contribute more to food security in Africa, particularly in rural areas. However, while women play a major productive role in sustaining food security in communities and countries, they are still expected to remain physically strong in their reproductive role. Unfortunately, women often experience multiple, early, poorly-monitored and poorly-planned pregnancies without any form of social or health protection, and are at the same time involved in farm work, house chores and other family activities.
Recommendations were made towards ensuring women’s physical safety and women’s effective involvement in agricultural policies and access to land, farm products and credit.
16. 28 January 2014
I participated, in Addis Ababa, at the launch of the Women’s Platform for Peace, Security and Cooperation Framework 2014-2026, under the theme “Women have the Solutions”.
17. The platform led by Ms Mary Robinson, Special Envoy of the UN Secretary-General for the Great Lakes Region and former President of Ireland, is tasked with ensuring that women of the DRC and the region are committed to implementing the 2013 framework agreement aimed at achieving lasting peace in the Great Lakes region.
18. In order to contribute towards achieving lasting peace, the platform needs to strengthen the activities of NGOs working in the Democratic Republic of Congo, Burundi, Rwanda and Uganda.
The objectives of the platform are as follows:
1- Provide support to NGOs by granting subsidies;
2- Bring together groups of beneficiaries for collective action and experience sharing;
3- Communicate successes made by women’s groups and advocate for donors to increase resources for women’s organizations and community-based solutions.
19. Several personalities attended the ceremony and spoke on challenges relating to peace and women’s capacity-building. They included: the ECA Executive Secretary, the Executive Secretary of the International Conference on the Great Lakes Region (ICGLR), Ms Zainab Bangura – Special Representative of the UN Secretary-General on Sexual Violence in Conflict, representatives of technical and financial partners, and gender ministers from Rwanda, Burundi, the Democratic Republic of Congo and Uganda.
20. The discussions focused on the need to effectively implement, using sufficient resources, UN Resolution 1325 in countries in conflict by involving more women and ensuring women’s greater participation in peace negotiations and post-conflict reconstruction.
21. 23 - 26 March 2014
I was invited to serve as a panel member at the global leaders’ conference on sexual and reproductive health protection under the theme “Uniting for Safe Legal Abortion”, organized in Washington DC by technical and financial partners in the area of abortion, including IPAS, WHO and Centre for Reproductive Rights.
22. The aim of the conference was to enable legal and health experts, government activists and representatives, and international policy makers to review the high, intolerable and avoidable global maternal mortality linked to unsafe abortions. The objective was also to lay emphasis on legal issues by mainstreaming human rights into country policies, plans and programmes towards reversing current trends.
23. I was invited to highlight the role and contribution of the Commission, in particular the mechanism of the Special Rapporteur, to awareness by States Parties of their responsibility to prevent maternal mortality and unsafe abortion trauma suffered by women and girls in Africa.
24. The discussions focused on lessons learned from the work of the mechanism, issues relating to the Commission’s mandate and the need for NGOs to work more to popularize the Maputo Protocol, as well as the urgent need for the Commission to advocate more for African countries to amend restrictive laws that are inconsistent with the provisions of Article 14 of the Maputo Protocol on sexual and reproductive health.
25. Participants commended the Commission and its special
mechanism for their frank and constructive dialogue with States Parties on
sensitive issues regarding some groups of the population and lauded the new
initiative of adopting General Comments on various issues towards making States
to further comply with their obligations under ratified instruments.
26. 1 - 2 April 2014
I was invited by WHO to participate in a seminar organized in Geneva on the theme “promoting health and human rights standards towards safe abortion”. The key objective of the seminar was to enhance participants’ knowledge of the WHO 2012 “Safe abortion: technical and policy guidance for health systems”.
27. The aim of my participation was to discuss the work of regional and international treaty monitoring bodies in order to assist them in using WHO guidance materials and to enable WHO to incorporate regional and international standards when reviewing such materials.
C- Notes verbales / Reminders to States Parties
28. Notes verbales were sent to the Governments of Rwanda, Congo, Equatorial Guinea and Guinea requesting for promotion missions. I am still awaiting confirmation from the above Governments.
29. Just like in the past, reminders were sent to countries that have not yet ratified the Maputo Protocol, eleven years after the instrument was adopted by the Heads of State and Government of the African Union in July 2003.
30. It should be recalled that to date 38 countries have ratified the Maputo Protocol and that no country has yet submitted a periodic report which takes into account the Commission’s guidelines on the implementation of the instrument.
31. A statement was issued on 8 March 2014 on the occasion of the International Women’s Day on the theme chosen by the UN General Assembly. The statement was widely disseminated among civil society organisations and States Parties.
Drafting of documents
32. My mechanism worked on the second Draft General Comments on Article 14(2) of the Maputo Protocol on sexual and reproductive health which will be considered by the Commission during its private session.
Conclusion and Recommendations
33. Since the last Ordinary Session, there have been several significant developments at the national, regional and international levels involving government stakeholders, technical and financial partners and women’s NGOs and organisations regarding emerging trends and challenges faced by girls and women in Africa. As such, women meeting within the framework of GIMAC made relevant recommendations on measures to be taken by the Assembly of Heads of State and Government of the African Union.
The African Union:
- Urge Member States that have not yet done so to ratify or expedite the ratification of the Maputo Protocol;
- Encourage Member States that have ratified the Protocol to implement it and to submit without delay their periodic reports to the Commission taking into account the Commission’s guidelines to that effect.
- Urge countries that have not yet done so to report annually on progress made in terms of mainstreaming gender into national policies and programmes in accordance with Item 12 of the AU Solemn Declaration on Gender Equality in Africa.
- Encourage States to include women in peace negotiation and dialogue commissions and awareness-raising campaigns aimed at achieving peace and security in countries in conflict.
- Expedite the implementation of the Solemn Declaration on Gender Equality in Africa and, for States that have not yet done so, expedite the ratification and implementation of the Maputo Protocol.
- Introduce laws and plans of action to implement UN Security Council Resolution 1325 with the aim to put an end to violence against women and girls, and allocate sufficient financial resources for the implementation of conflict prevention programmes and activities.
- Strengthen peace initiatives on the continent and ensure women’s full and equal participation in conflict resolution, in particular regarding the crisis in South Sudan and Central African Republic.
- Take concrete steps to promote women’s access to land and prioritise innovation, science and technology in order to boost agricultural production and improve women’s economic situation.
- Adopt a human rights approach and mainstream gender equality and women’s empowerment into the objectives of the African Common Position on the Post-2015 Development Agenda by referring to the Maputo Protocol and other relevant legal instruments.
- Ensure the effective protection of women and girls against discrimination and gender-based violence by setting up effective humanitarian intervention mechanisms that guarantee appropriate social assistance and available and operational legal remedies.