,;· r)6~ttEB
rum,.
Human and Peoples' Rights
Human Rights our
Collective Responsib1hty
Charter also refers to historically organised ancestral communities such as the
Maasai of Kedong.
b) Kedong Maasai as an indigenous people
153. The Commission notes that since the Maasai of Kedong are a people, it is now
necessary to determine whether they are an indigenous people. The Commission
notes that the African Charter, although it refers to group rights, in particular in Articles
19 to 24, it does not provide a definition of whether it is an indigenous people or
population. However, the Commission recalls that its Working Group on Indigenous
Populations/Communities presented a report on the issue32. Based on this Report,
the Commission issued an Opinion to the United Nations Declaration on the Rights
of Indigenous Peoples, in which it presents the following criteria for identifying
indigenous populations:
i.
Self-identification;
ii.
special connection to their traditional land through which their land and their
ancestral territories assume fundamental importance for their collective
physical and cultural survival as a population;
iii.
A situation of subjugation, marginalization, usurpation, exclusion or
discrimination because these populations have cultures, ways of life or
modes of production that are different from the hegemonic and dominant
national model. 33
154. In the Report entitled Indigenous Peoples in Africa: Forgotten Peoples?, the
Commission indicated that it does not intend to give "a definition of indigenous
peoples, since there is no global consensus on a single universal definition, nor would
such a definition be desirable or necessary." The Commission also considered that
the issue of "aboriginality or 'who came first' is not a significant feature to identify
indigenous peoples".34
155. In the same document, however, the Commission considered that the general
characteristics of groups identifying themselves as indigenous peoples are that their
cultures and ways of life differ considerably from those of the dominant society; that
their cultures are threatened with extinction in some; that the survival of most of them
depends on access to and rights to their traditional lands and the natural resources
32 Report of lhe African Commission Working Croup on Indigenous Populations/Communities ,dopted by lhe ' Resolution on
Populations/Communities in Africa" during th~ 28th Ordina,y Session, 23 October to 6 November 2000, in Cotonou, Benin.
330pinion of the African Commission on Hum•n and Peoples' Rights on the United Nations Declaration on the Rights of lndigenous Peo
Commission on lluman and Peoples' Rights during it• 41st Ordina,y S.-ssion, held in M<1y 2ro7, in A«ra, Chana, page 4.
ul
34 Indigenous populations in Africa: forgotten p('Ople? The work of lhe African Commission on indigenous peoples in Africa (2006), p.
!!? :;
Cl \
0 "'
~
Clo,, .q.
,,.,~"'