of " indigenous population " in other international human rights instruments. There have, however, been efforts to define indigenous populations.1 3 In this regard , the Court draws inspiration from the work of the Commission through its Working Group on Indigenous Populations/Communities. The Working Group has adopted the following criteria to identify indigenous populations: " i. Self-identification; i i. A special attachment to and use of their traditional land whereby their ancestral land and territory have a fundamental importance for their collective physical and cultural survival as peoples; and iii . A state of subjugation, marginalisation, dispossession, exc lus ion , or discrimination because these peoples have different cultures , ways of life or mode of production than the national hegemonic and dominant model. " 14 106. The Court also draws inspiration from the work of the United Nations Special Rapporteur on Minorities, which specifies the criteria to identify indigenous populations as follows : i. That indigenous people can be appropriately considered as "Indigenous communities, peoples and nations which having a historical continuity with pre- invasion and pre-colonial societies that developed on their territories , consider themselves distinct from other sectors of societies now prevailing in those territories, or parts of them. They form at present non -dominant sectors of society and are determined to preserve, develop, and transmit to future generations, their ancestral territories, and their ethnic identity, as the basis of th eir continued existence as peoples, in accordance with their own cultural patterns, social institutions and legal systems"; 15 13 See Article 1 of the International Labour Organisation Indigenous and Tribal Peoples Convention No 169 adopted by the 76th Session of the International Labour Conference on 27 June 1989. 14 Advisory Opinion Of The African Commission On Human And Peoples' Rights On The United Nations Declaration On The Rights Of Indigenous Peoples, adopted by The African Commission On Human And Peoples' Rights At Its 41st Ordinary Session Held In May 2007 In Accra, Ghana, at page 4. 15 Report of the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities E/CN.4/Sub.2/1986/7/Add.4, paragraph 379. i