Africa Regional Seminar
Best practices: Experiences, lessons learned and challenges concerning the
Implementation of indigenous peoples’ rights
24th – 28th June, 2009
Co-organized by: KNCHR1 , PHGMN2 and ILO
1. Introduction:
In 1989, the ILO adopted Convention No. 169 on Indigenous and Tribal Peoples’ Rights. Since then, numerous legislative, policy and other measures have been undertaken to implement these rights, particularly in countries that have ratified the Convention. In these countries, the ILO’s supervisory bodies have monitored the implementation and provided comments, which serves a further guidance on the practical implications of the Convention. In September 2007, the UN General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). The adoption of the Declaration is a major step forward in the promotion and protection of indigenous peoples' rights throughout the world. While celebrating the adoption, there is now general acknowledgement that the remaining challenge is more systematic and coherent implementation of indigenous peoples’ rights, particularly at the country-level.
The UNDRIP deals with all the areas covered by Convention No. 169. In addition, the UNDRIP addresses a number of subjects that are not covered by the Convention. The UNDRIP reaffirms the importance of the principles and approaches provided for under Convention No. 169 and the provisions of the two instruments are fully compatible and mutually reinforcing. Consequently, experiences and lessons learned regarding implementation of Convention No. 169 constitute a source of knowledge for the implementation of indigenous peoples’ rights generally – and as provided for in the UNDRIP. 3
The promotion and protection of indigenous peoples” rights in Africa has not followed the same path as in other regions of the world. However, whereas the debate on indigenous issues remains relatively controversial in some areas, a number of positive steps have been taken in the African region to address indigenous issues. Nevertheless, many challenges remain. The efforts of advancing indigenous peoples rights in Africa still need to be consolidated so that strategic areas of interventions can be located and supported for the purpose of increased/improved results. One way of doing is to assess initiatives and identify best practices, lessons learned and challenged associated with the struggle.
In the Africa region, there is no country that has yet ratified Convention 169, but it is under consideration in some. There are also various on going initiatives in several parts of Africa that are promoting indigenous peoples’ rights and development needs. These initiatives are using the principles the ILO convention 169 and other international instruments to raise the profile of the issues and also engage their governments. It is imperative to document and disseminate the lessons and experiences, so far, generated by these on going or completed initiatives led by the governments, indigenous peoples’ organizations and communities, NGOs, UN & its agencies and in other situations through partnerships between several actors. It is anticipated that the seminar can stimulate a process where different actors can better understand the challenges facing indigenous peoples and how best to address them through improved and shared efforts, and also promote partnerships and working relations at different levels.
The communities claiming indigenous peoples’ rights and identities across the African continent have crafted creative and constructive means and strategies of using the principles and spirit of the ILO convention 169 as a relevant and strategic tool for advancing indigenous peoples rights, social - cultural development needs and lobby their governments for enactment of relevant legislative changes that are necessary for the improved realization and enjoyment of human rights and fundamental freedoms of indigenous peoples.
The Project to Promote ILO Convention No. 169 on Indigenous and Tribal Peoples (PRO 169) partnership with Indigenous peoples’ organizations, networks and governments been supporting a number of initiates across the African continent and at the global level with objectives of building the capacity of Indigenous peoples organizations & networks, governments and national human rights institutions as a means to building a firm foundation for the recognition and respect for indigenous peoples rights.
The overall purpose is to promote the implementation of indigenous peoples’ rights in the African region through the discussion and dissemination of experiences, good practice and lessons learned and also to better understand challenges associated with the peoples rights struggle and how different actors are address these challenges .
This will allow the participants to benefit and be motivated from the experiences of others and to contribute to reducing the perceived sensitivity of indigenous issues.
It is expected that the discussions on the implementation and replicability of good practices and lessons learned will facilitate a process, whereby government and indigenous institutions can assess their specific needs for capacity building and technical assistance and strengthen their networking at the regional level.
The seminar is being planned and organised through a partnership by a number of organisations operating at different levels and with mandates that touches on the rights of indigenous peoples. The organises that are the Kenya National Commission on Human Rights, The ILO PRO 169 and Centre for Human Rights, University of Pretoria and Pastoralists and Hunter- Gatherers Network of Kenya.
The focus of the seminar will be on experiences, good practice and lessons learned that can contribute to a constructive approach to implementing indigenous peoples’ rights.
As a key resource for the seminar, PRO 169 is preparing a comprehensive Practice Guide for the Implementation of Indigenous Peoples’ Rights. The Practice Guide will serve as a resource for the seminar but will also be enriched by the input and experiences presented at the seminar before it finalisation in June 2009.
The agenda of the seminar will focus on key aspects relating to the implementation of indigenous peoples’ rights, including consultation and participation; land and natural resources; and systematic and coordinated action of the States.
The programme of the seminar will be innovative and interactive in order to facilitate the dialogue, exchange and mutual learning among the participants. Key elements will be core plenary sessions with panel presentations, thematic working groups, community visits, exhibition and cultural performances.
Participants will be requested to prepare case studies from their communities and countries, presentations. The opportunity will also be used to show case indigenous cultures and items in a mini- exhibition including documentary films and photos.
The preliminary preparation for the seminar by participants will be based on a set of guidelines and materials that will be made available to them at least one month before the start of the training.
Gender will be a specific topic of the seminar but also mainstreamed in the programme.
Special efforts will be made to ensure action-oriented outcomes and follow-up to the seminar.
The seminar will convene around 50 participants from the African region. Participants will come from
Key indigenous organisations,
International/regional NGOs supporting indigenous peoples rights
Government and government institutions
Africa Commission on Human and Peoples rights
National Human Rights Institutions,
UN organisations and donors.
Pre- seminar Field Visit: Proposed sites are
Whole Group: Kajiado/Nairobi Metropolis- Theme: impact of cities encroaching into indigenous peoples lands, and also impact of extractive industries by Multinational Magadi Soda to indigenous livelihoods and means of occupations. Lead organisation: MPIDO
Key issues:
- displacement of from ancestral lands and territories
- urban based indigenous peoples and how they are coping with modern lives
- Natural resources: access and benefit sharing from extractive industries
- Representation in Effective Decision making and participation
- Free Prior informed consent
- Political representation
- Provision, Access and quality of social services and amenities including legal aid and human rights services.
1 Kenya National Commission on Human Rights – National Human Rights Institution created by an act of public to protect human rights and to safeguard against Government excesses. It has a an initiative on Minorities and indigenous peoples rights in its Plan of operation.
2 Pastoralists and Hunter- Gatherers Minorities Network has been instrumental in ensuring that indigenous communities issues and concerns are included in Policy and constitution review processes in Kenya.
3 Source: ILO, Asian region concept note, undated.
Print
Email