international standards. In support of their claims, they point to the various
statements contained in the decisions rendered by the Commission, as well as by
other international judicial bodies.
112.
The African Commission notes that the African Charter, in Articles 20 to 24,
provides that peoples can assert their rights as peoples, i.e. as communities. In
this regard, on the question of whether the BATWA constitute an "indigenous
people", the Commission notes that the term contains two concepts that have
been defined. These are the concept of "people" and the concept of "indigenous".
113. With regard to the concept of "people", and on the basis of definitions provided
by various experts, who understood this concept as either a "group of human
beings living in society 071 n given territory and who, often sharing n community of
origin, present n relatively homogeneous form of civilisation arid are linked by n certain
mmzber ofshnred customs and institutions"1*', or a "group of persons who, not living 011
the same territory but having the same ethnic origin or religion, have the .feeling of
belonging to the same commzmih/", the African Commission was able to observe
that there is consensus on some objective features that a group of individuals
should manifest to be considered as "n people" .
114.
It is therefore a question, in particular, of a common historical tradition, racial
or
ethnic
identity,
cultural
homogeneity,
linguistic
unity,
religious
and
ideological affinities, territorial connection, economic life, in addition to other
bonds, identities and affinities which they collectively enjoy or are denied - in
particular the rights enumerated under Articles 19 and 24 of the African
Charters.
115. With regard to the term "indigenous", the Commission notes that Article 1 of
ILO Convention 169 on "Indigenous and Tribal Peoples" defines them as, inter
alia, "peoples in independent countries who are regarded as indigenous on account of
their descenffrom the populations which inhabited the country, ora geographical region
to ailzich
the country belongs, at the time of conquest or colon isation or the
establishment of present state boundaries and who, irrespective of their legal status,
retain some or all of their own social, economic, cultural and political institutions"20.
18 "As long as men are not bound together by a common belief, they do not yet form a people, for the reason,
which may have brought them together yesterday, tomorrow may divide them"(§h. BLANC Gramm. arts dessin,
1876, p, 54) CNRTL.
19 Communication 276/03 - Centre for Minority Rights Development
behalf of Endorois Welfare Council) v/ Kenya (2009) ACHPR para
20 Article 1 of ILO Convention 19 on Indigenous and Tribal People;
22
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