(i;i).J ACHPR 1V ~ ,1:m.i"D African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility Commission has no reason to reject the characterization of the alleged victims as "peoples" within the context of Article 20(1) of the African Charter. 181. With regard to whether the affected peoples of the Lower Omo are "indigenous" peoples, the Commission has noted in its Report of the Working Group of Experts on Indigenous Populations/Communities and subsequent jurisprudence the difficulty associated with defining the concept of "indigenous" peoples under the African Charter.v However, the term is often used in recognition of certain marginalized and vulnerable groups in a given society who suffer from particular problems. Such groups have not often been accommodated by dominating paradigms of development in their own country and, in many cases, they are being victimized by mainstream policies and thinking and their human and collective rights violated.F 182. The Commission notes that the term "indigenous" is not intended to create a special class of citizens, but rather to address historical and present-day injustices and inequalities." Due to past and ongoing processes in their countries, indigenous peoples or ethnic minorities need recognition and protection of their basic human rights and fundamental freedoms. 183. As the Commission has noted in its Report of the Working Group on Indigenous Populations not only is it a fact that Africa is characterized by multiculturalism, but also that almost all African states host a rich variety of different ethnic groups, some of which are dominant and some of which are in subordinate positions. All of these groups are indigenous to Africa. However, the Commission recognizes that some are in a structurally subordinate position to the dominating groups and the State, leading to marginalisation and discrimination. It is this condition that the notion of indigenous peoples seeks to address. The concept is directed at the root causes of the subordination and other problems that such peoples face and emphasizes the human rights dimension for addressing them.v 184. The Commission recognizes that, in post-colonial African countries, certain groups who live on the fringes of modern-day society such as hunter-gatherers, pastoralists and some small-scale farmers, fall in this category.v Hence, the of the Working 36 Group of Experts on Indigenous https:/achpr.au.lntJO 0 fa

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