ACHPR
African Commission on
Human Rights our
Collective Hesponsibnitv
Human and Peoples' Hiqnts
Commission in its Working Group on Indigenous Populations developed a set of
four criteria for identifying indigenous peoples. These are: self-identification as a
distinct collectivity as well as recognition by other groups; occupation and use of
a specific territory; voluntary perpetuation of cultural distinctiveness; and
experience of subjugation, marginalisation,
dispossession,
exclusion or
discrimination.
185. In the present case, the peoples of the Lower Omo self-identify as indigenous.
They have their own cultures and traditions. They are based on lands along and
around the Omo River in the South Omo Zone which they have historically
attributed as home. While the Bodi, Mursi, Dassenech, Hamar, Kara, Kwegu and
Nyangatom are predominantly pastoralist, theyhave - to varying degrees - also
practiced farming on lands which they have traditionallyused
for flood retreat
and rain-fed cultivation and grazing. These pastoral communities live on the
fringes of Ethiopian society. As the Respondent State notrs, in its submissions,
many of these communities have historically lacked access to basic social services
and some of these groups such as the Mursi are one of the "most exotized and
unfortunately caricatured people in the South Omo Zone and in the country."46
186. The Commission finds that these attributes meet the four criteria for recognizing
the peoples of the Lower Omo as indigenous. To the extent that these peoples of
the Lower Omo self-identify as an indigenous group and are recognized as a
historically vulnerable group who rely on pastoralism and flood retreat
cultivation for their continued survival, they constitute "indigenous peoples"
whose human and collective rights are entitled to be protected under the African
Charter.
187. By the tenure of Article 20(1) of the African Charter, the right to selfdetermination by indigenous peoples can be exercised only in conformity with
the sovereignty and territorial integrity of a State Party to the African Charter.f?
Based on the facts before the Commission, it is clear the indigenous peoples of
the Lower Omo do not seek to challenge the territorial integrity or political unity
of the Respondent State. Rather, they seek only to claim "internal" seI£determination. Rather, the Complainants' allegation that the right of the Lower
Omo peoples to self-determination has been violated is in two specific respects.
First, that they were not afforded the opportunity to effectively participate in the
46
Respondent Written Submissions on the Merits para 21(A).
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37