116. However,
the Commission notes that
in the African context, the
term
"in dig¢>rions" is not intended to create a special class of citizens, but rather to
take into account past and present-day injustices and inequalities suffered by
these first inhabitants. This is clear in the work of the African Commission's
Working Group on Indigenous Populations/Communities, which also noted
that the notion of "peoples" is closely related to collective rights'.
117.
This Mechanism presented four criteria for identifying indigenous peoples:
occupation and use of a specific territory;
voluntary perpetuation of distinctive cultural traits;
self-identification as a distinctive community, as well as recognition by
other groups;
an experience of subju6ation, marginalisation, dispossession, exclusion
or discrimination.
118. It also identified some common characteristics of indigenous groups in Africa,
including, but not limited to, the various hunter or former hunter groups and
some pastoralist groups, noting the key characteristic for most of them that the
survival of their special way of life depends on their access to, and rights to, their
traditional space and the natural resources it contains
119.
It Carl therefore be concluded that, in general, all definitions of the concept of
indigenous people recognise the linkages between peoples, their lands and their
culture and the fact that such a group expresses its wish to be identified as a
people or is aware that it is a people. The United Nations Working Group on
Indigenous Peoples, recognises that "Indigenous conmiiiiiities, peoples nm! mitioris
are those which, living n historical continuity with pre-iiwasion mid pre-colonial
societies that developed on their territories, consider fheniselees distinct from other
sectors of the societies now prez»iiiling in those territories, or parts of them. Tliei/form at
present non-domiimrit sectors of society and are determined to preserve, develop and
transmit tohihire geiieriitions their niieestriil territories, and their ethnic identity, as the
basis of their coritiniied existence ns peoples, in nccordmice with their uteri cultural
piitterris, social institutions arid legal si/stems".22
120. Thus, in addition to a sacred relationship with their land, self-identification is
another important criterion for determining indigenous peoples. in this regard,
the later-American Court considered that the Saramaka people constitute a tribal
community whose social, cultural and economic traditions are different from
11 Communication 276/03 op. cit, Para. 149
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22 Report of the UN Special Rapporteur of the SubCommission on Prevention of Discriminatiop:Q;r1tf£iQtk§ction
.,,a
9. .
of Minorities on the Study of the problem of discrimination against Indigenous People, para
.
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