i i. That an indigenous individual for the same purposes is " ... one who belongs to these indigenous populations through self-identification as indigenous (group consciousness) and is recognised and accepted by these populations as one of its members (acceptance by the group). This preserves for these communities the sovereign right and power to decide who belongs to them, without external interference". 16 107. From the foregoing , the Court deduces that for the identification and understanding of the concept of indigenous populations, the relevant factors to consider are the presence of priority in time with respect to the occupation and use of a specific territory; a voluntary perpetuation of cultural distinctiveness, which may include aspects of language, social organisation, religion and spiritual values, modes of production, laws and institutions; self-identification as well as recognition by other groups, or by State authorities that they are a distinct collectivity; and an experience of subjugation , marginalisation, dispossession, exclusion or discrimination, whether or not these conditions persist. 17 1 08 . These criteria generally reflect the current normative standards to identify indigenous populations in international law. The Court deems it appropriate, by virtue of Article 60 and 61 of the Charter, which allows it to draw inspiration from other human rights instruments to apply these criteria to this Application. 109. With respect to the issue of priority in time , different r e ports and submissions by the parties filed before the Court reveal that the Ogieks have priority in time , with resp ect to the occupation and use of the Mau F orest. 18 These reports affirm the Applicant's assertion that the Mau Forest is the Ogieks' 16 As above paragraphs 381 to 382. See E/CN.4/Sub.2/AC.4/1996/2, paragraph 69. 18 Report of the African Commission's Working Group on Indigenous Populations/Communities Research and Information Visit to Kenya, 1-19 March 2010 pages 41 to 42; United Nations Human Rights Committee (UNHRC), 'Cases examined by the Special Rapporteur (June 2009- July 2010), Human Rights Committee, 151h Session' (15 September 2010) UN Doc NHRC/15/37/Add.1, paragraph 268, available at http://www2.ohchr.org/english/bodies/hrcouncil/docs/15session/A.HRC.15.37.Add.1.pdf: UNHRC, 'Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples' (26 February 2007) UN Doc NHRC/4/32/Add.3, paragraph 37, available at http://daccess-ddsny.un.org/doc/UNDOC/GEN/G07/11 0/43/PDF/G0711 043.pdf?OpenEiement. 17 31