Recalling its
mandate to promote and protect human and peoples’ rights in Africa under the
African Charter on Human and Peoples’ Rights (African Charter);
Bearing
in mind the definition of “indigenous” in an
African context, given in the report “Indigenous Peoples in Africa: The
Forgotten Peoples?” (ACHPR, 2003), as consisting of several shared
characteristics, most notably that “survival of their particular way of life
depends on access and rights to their traditional lands and the natural
resources thereon”;
Recognising that
sacred natural sites are one of the oldest forms of culture-based conservation,
defined as “areas
of land or water having special spiritual significance to peoples and
communities” (IUCN,
2008) and often harbouring rich biodiversity
contributing to connectivity, resilience and adaptability of valuable
landscapes and ecosystems;
Recognising the
centrality of sacred natural sites and territories to protecting and supporting
the relationship between peoples, land and culture, especially for indigenous populations/communities;
Recognising also that custodian communities, who maintain customary governance systems to protect sacred natural sites and territories, play an essential role in preserving the traditional values of Africa, and require legal recognition and support to do so;
Recalling international treaties that support the protection of sacred natural sites, including the UNESCO Universal Declaration on Cultural Diversity (2001), the UNESCO Convention for the Safeguarding of Intangible Cultural Heritage (2003), the UNESCO Convention on the Protection and Promotion of Diversity of Cultural Expressions (2005) and the United Nations Declaration on the Rights of Indigenous Peoples (2007);
Recalling the
preambular text to the African Charter relating to the importance of peoples’
rights in addition to, and in harmony with, fundamental and individual human
rights;
Recalling the
provisions of Articles 22 and 24 of the African Charter relating to the right
of peoples to economic, social and cultural development and the right of
peoples to a satisfactory environment favourable to their development;
Recalling its
Resolution ACHPR/Res.73 (LXXIII) 04 on the importance of economic, social and
cultural rights;
Recalling also
its Resolution ACHPR/Res.51 (LI) 00 on the rights of indigenous populations/communities
as well as Resolutions ACHPR/Res.257 (CCLVII) 13 and ACHPR/Res.197 (CXCVII) 11
which relate to the protection of the land rights of specific indigenous
communities;
Welcoming the
support already undertaken for sacred natural sites and territories by States
Parties, including Benin’s ‘Sacred Forest Law’ and the regional protection in
areas such as Sheka and Bale in Ethiopia;
Concerned by
the continued rapid growth of environmentally damaging industrial activity and
infrastructure development which cause irreparable damage and which impact,
directly or indirectly, on sacred natural sites and territories;
Concerned that many governments do not have laws, policies or appropriate measures to protect sacred natural sites and territories;
The Commission:
1. Calls on States Parties to recognise sacred natural sites and territories, and their customary governance systems, as contributing to the protection of human and peoples’ rights.
2. Calls on States Parties to uphold their obligations and commitments under regional and international law on sacred natural sites and territories and their customary governance systems, and the rights of custodian communities.
3. Urges States Parties, civil society, businesses and other stakeholders concerned to recognize and respect the intrinsic value of sacred natural sites and territories.
Done in Niamey, Republic of Niger, on 22 May 2017