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The African Human Rights System: a Guide for Indigenous Peoples

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The African Human Rights System: a Guide for Indigenous Peoples The African Human Rights System : A Guide for Indigenous Peoples Treva Braun Lucy Mulvagh October 2008 The African Human Rights System: A Guide for Indigenous Peoples Treva Braun Lucy Mulvagh This Guide was produced with the financial assistance of the European Union. The contents of this document are the sole responsibility of the Forest Peoples Programme and can under no circumstances be regarded as reflecting the position of the European Union. Sections of this guide may be reproduced provided that acknowledgement is made to the authors and Forest Peoples Programme October 2008 © Forest Peoples Programme, 2008 The Forest Peoples Programme is a company limited by guarantee (England & Wales) Reg. No. 3868836 UK-registered Charity No. 1082158. It is also registered as a non-profit Stichting in the Netherlands. Version française : Le système africain des droits humains : Un guide pour les peuples autochtones Cover photograph: Community meeting, Bipindi, Cameroon Photographer: John Nelson The African Human Rights System: A Guide for Indigenous Peoples Contents I Introduction 1 II Principal Human Rights Treaties of the African Union 2 A The African Charter on Human and Peoples’ Rights......................................................................3 B The African Charter on the Rights and Welfare of the Child ........................................................11 C The Protocol to the African Charter of Human and Peoples’ Rights on the Rights of Women in Africa .........................................................................................................................18 D African Convention on the Conservation of Nature and Natural Resources ...............................21 III The African Commission on Human and Peoples’ Rights 24 A Structure..........................................................................................................................................24 B Functions.........................................................................................................................................24 C The Communications Procedure ...................................................................................................26 D Activities ..........................................................................................................................................30 IV The Working Group of Experts of the African Commission on Indigenous Populations/Communities in Africa 33 A History & creation............................................................................................................................33 B Composition ....................................................................................................................................34 C Report..............................................................................................................................................34 D Current Mandate and Activities......................................................................................................37 V The African Court on Human and Peoples’ Rights 41 A History & creation............................................................................................................................41 B States parties ..................................................................................................................................41 C Composition ....................................................................................................................................41 D Mandate ..........................................................................................................................................42 E Procedure........................................................................................................................................42 VI NEPAD Peer Review Mechanism 44 VII Human Rights and the African Regional Economic Communities 47 A Economic Community of West African States (ECOWAS) ..........................................................47 B East African Community (EAC)......................................................................................................50 C Southern African Development Community (SADC) ....................................................................51 D Common Market for Eastern and Southern Africa (COMESA) ....................................................56 E Intergovernmental Authority on Development (IGAD) ..................................................................58 F West African Economic Monetary Union (WAEMU).....................................................................60 G Central African Economic and Monetary Union (CEMAC) ...........................................................61 i VIII How Indigenous Peoples and NGOs can use the African System 63 A Participating at the African Commission Sessions........................................................................63 B Country Reporting Processes ........................................................................................................65 C Contributing to promotional activities .............................................................................................67 D Requesting a mission of enquiry....................................................................................................67 E National level advocacy on the Commission and its Working Group...........................................67 VIX Further Information 69 Annex I African Charter on Human and Peoples’ Rights 70 Annex II African Charter on the Rights and Welfare of the Child 83 Annex III Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 97 Annex IV Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights 109 Annex V The African Convention on the Conservation of Nature and Natural Resources (The ‘Algiers Convention’) 117 Annex VI The Revised African Convention on the Conservation of Nature and Natural Resources (The ‘Maputo Convention’) 131 Annex VII Dates of Deposit with the AU of Instruments of Ratification 157 Annex VIII Members of the African Commission on Human and Peoples’ Rights as of 18 September 2007 159 Annex IX Members of the African Committee of Experts on the Rights and Welfare of the Child as of January 2007 160 Annex X Judges of the African Court on Human and Peoples’ Rights as of 18 September 2007 161 Annex XI Members of NEPAD’s African Peer Review Mechanism 162 Annex XII Resolution on Obtaining Observer Status at the African Commission on Human and Peoples’ Rights 163 Annex XIII Criteria for the Granting of and for Maintaining Observer Status with the African Commission on Human and Peoples’ Rights 164 Annex XIV Draft Agenda of the 40th Ordinary Session of the African Commission on Human and Peoples’ Rights 166 Annex XV How to Do an Oral Intervention at the African Commission on Human and Peoples’ Rights 169 Annex XVI How to Write a Supplementary Report to International and Regional Human Rights Mechanisms 171 Annex XVII Useful Contacts and URLs 175 ii The African Human Rights System: A Guide for Indigenous Peoples I Introduction This guide provides an overview of the African system for the promotion and protection of human and peoples’ rights, as developed under the umbrella of the African Union (AU). Established in 2001, the AU is an inter-governmental organisation of which all African countries except Morocco are members. It replaced the former Organisation of African Unity (OAU). In addition to its broad mandate on economic issues, socio-political development, and peace and security, the AU has as one of its objectives “To promote and protect human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights and other relevant human rights instruments”.1 While still in its infancy in terms of the promotion and protection of indigenous peoples’ rights,2 the African system is comprised of a number of legal norms and mechanisms that may be of use to indigenous peoples and organisations in Africa. This guide is intended to be used as a reference tool by indigenous peoples and organisations working to defend the rights of indigenous peoples in Africa, but should not be considered as a complete explanation of the relevant law or processes. 1 See ‘Objectives of the AU’ on the African Union website (http://www.africa-union.org), at http://www.africa- union.org/root/au/AboutAu/au_in_a_nutshell_en.htm 2 The notion of ‘indigenous peoples’ remains contentious in many parts of Africa. While certain peoples in Africa self-identify as indigenous and align themselves with the global indigenous movement, and the African Commission on Human and Peoples’ Rights has recognized the existence of such peoples in Africa (see Section IV), many States take the position that all Africans are indigenous. A full discussion of this debate is outside the scope of the present document, and for our purposes the term indigenous peoples is meant to refer to those communities who self-identify as indigenous and who suffer similar forms of discrimination and marginalisation as other indigenous peoples the world over. In light of the protection of the rights of ‘peoples’ in the African Charter on Human and Peoples’ Rights, it is likely that the same rights and arguments apply regardless of the use of the term ‘indigenous’. Braun and Mulvagh 1 October 2008 The African Human Rights System: A Guide for Indigenous
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