In 2001, the African Commission on Human and Peoples’ Rights (ACHPR) established a Working Group of Experts on Indigenous Populations (WGIP). The mandate of the Working Group is primarily to examine the concept of indigenous peoples in Africa and to study the implications of this for the African Charter on Human and Peoples’ Rights (the African Charter). The Working Group published a report (pdf) on this subject in 2003, which paved the way for furthering the discussion on indigenous issues in the African region.
This report, inter alia, enounces criteria for the possible identification of indigenous peoples in Africa, as well as outlining some of the main human rights issues faced by these peoples. The report also finds that in general, the African Charter protects the rights of indigenous peoples and finally recommends that further research be undertaken in this area.
Against this background, PRO 169 is implementing a project, in collaboration with the WGIP to undertake research on the constitutional and legal protection of the rights of indigenous peoples in Africa, with specific reference to the African Charter, and the principles of ILO Convention No. 169. The research involves a comprehensive review of constitutions and legislation in Africa with a view to determining the extent to which indigenous peoples’ rights are protected within domestic legal frameworks of African Countries. The research covers 25 African countries through desk reviews and include a more detailed study of a selected ten countries. The project is being implemented by the Centre for Human Rights of the University of Pretoria.