· p-;CHPII.
ACHPR
African Commission on
Human and Peoples' Rillhts
Human Rights our
Collective Responsibility
exercised by a people, bound together
ethnic, cultural,
linguistic, religious,
identities and affinities, or other bonds.P
by their historical, traditional, racial,
ideological,
geographical,
economic
171. By this interpretation, the Commission established a set of criteria for identifying
whether a group can be considered a people" under the African Charter. In other
words, it is only a "peoples," as a collective of individuals bound by a cornmon
history,
tradition,
race, ethnicity, culture,
language,
religion,
ideology,
geography, economy, identity and affinity, that can be the beneficiaries of the
right to self-determination.v'
II
172. In the Endorois case, the Commission clarified thatfor a group to be considered a
people, they should manifest certain objective attributes as a collective such as:
a common historical tradition, racial or ethnic identity, cultural homogeneity, linguistic units],
religious and ideological affinities, territorial connection, and a common economic life or other
bonds, identities and affinities they collectively enjoy - especially rights enumerated under
articles 19 to 24 of the African Charter - or suffer collectively from the deprivation of such
rights. What is clear is that all attempts to define the concept of indigenous peoples recognise
the linkages between peoples, their land, and culture and that such a group expresses its desire
to be identified as a people or have the consciousness that they are a people»
173. In the instant case, it is not contested between the parties that the seven peoples
of the Lower Omo, namely the Bodi, the Dassanech, the Hamar, the Kara, the
Kwegu, the Mursi and the Nyangatom, allegedly impacted by the Gibe III darn
and the Kuraz are "peoples" within the meaning ascribed to the concept under
the African Charter.
174. In its written submissions, the Complainants submitted that the seven affected
communities occupy or have occupied until recently the traditional territories
delineated and shown on the maps in the attached bundle of documentary
evidence.w The Complainants contended that since the Respondent State has not
disputed that the Complainants are" peoples", they are therefore entitled to the
protection of Articles 20 to 24 of the African Charter.F
175. The Complainants
further submitted that even in the Respondent State's
Submissions on Admissibility, the Respondent State itself sought to rely upon the
and Others v Cameroon (2009) AHRLR 9 (ACHPR 2009) para 171.
case (n 33 above) para 171.
35 Endorois case (n 32 above) para 151; Communications
279/03 and 296/05 Organisation and another v Sudan (2009) AHRLR 153.
36 Merits Brief for the Complainants
para 1.
37 Merits Brief for the Complainants
para 80.
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