In a recent decision of the African Court on Human Rights in African Commission on Human and Peoples Rights V. Kenya App. no. 006/2012, Judgment of 26 May 2017, the Court in considering the question whether the notion “People” used by the Charter covers not only the population as the constituent element of the State but also the ethnic groups or Communities identified as forming part of the said population within a constituted State and whether the enjoyment of the right unquestionably recognized for constituent peoples of the population of a given State can be extended to include sub-state ethnic groups and Communities that are part of that population. This was answered in the affirmative provided that such group or Community do not call into question the sovereignty and territorial integrity of the State without the latter’s consent. This Court adopts this view in the resolution of this case. In addition, in the Report of the Special Rapporteur of the SubCommission on Prevention of Discrimination and Protection of Minorities, the United Nations Special Rapporteur on Minorities, specified the criteria to identify indigenous populations as follows: “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 17