Africa Regional Seminar
Best practices: Experiences, lessons learned and challenges concerning the
Implementation of indigenous peoples' rights
24th - 28th June, 2009
Co-organized by: KNCHR1 , PHGMN2 and ILO
1. Introduction:
In 1989, the ILO adopted Convention No. 169 on Indigenous and Tribal
Peoples' Rights. Since then, numerous legislative, policy and other measures
have been undertaken to implement these rights, particularly in countries
that have ratified the Convention. In these countries, the ILO's supervisory
bodies have monitored the implementation and provided comments, which serves
a further guidance on the practical implications of the Convention. In
September 2007, the UN General Assembly adopted the UN Declaration on the
Rights of Indigenous Peoples (UNDRIP). The adoption of the Declaration is a
major step forward in the promotion and protection of indigenous peoples'
rights throughout the world. While celebrating the adoption, there is now
general acknowledgement that the remaining challenge is more systematic and
coherent implementation of indigenous peoples' rights, particularly at the
country-level.
The UNDRIP deals with all the areas covered by Convention No. 169. In
addition, the UNDRIP addresses a number of subjects that are not covered by
the Convention. The UNDRIP reaffirms the importance of the principles and
approaches provided for under Convention No. 169 and the provisions of the
two instruments are fully compatible and mutually reinforcing. Consequently,
experiences and lessons learned regarding implementation of Convention No.
169 constitute a source of knowledge for the implementation of indigenous
peoples' rights generally - and as provided for in the UNDRIP. 3
The promotion and protection of indigenous peoples" rights in Africa has not
followed the same path as in other regions of the world. However, whereas
the debate on indigenous issues remains relatively controversial in some
areas, a number of positive steps have been taken in the African region to
address indigenous issues. Nevertheless, many challenges remain. The efforts
of advancing indigenous peoples rights in Africa still need to be
consolidated so that strategic areas of interventions can be located and
supported for the purpose of increased/improved results. One way of doing is
to assess initiatives and identify best practices, lessons learned and
challenged associated with the struggle.
In the Africa region, there is no country that has yet ratified Convention
169, but it is under consideration in some. There are also various on going
initiatives in several parts of Africa that are promoting indigenous
peoples' rights and development needs. These initiatives are using the
principles the ILO convention 169 and other international instruments to
raise the profile of the issues and also engage their governments. It is
imperative to document and disseminate the lessons and experiences, so far,
generated by these on going or completed initiatives led by the governments,
indigenous peoples' organizations and communities, NGOs, UN & its agencies
and in other situations through partnerships between several actors. It is
anticipated that the seminar can stimulate a process where different actors
can better understand the challenges facing indigenous peoples and how best
to address them through improved and shared efforts, and also promote
partnerships and working relations at different levels.
The communities claiming indigenous peoples' rights and identities across
the African continent have crafted creative and constructive means and
strategies of using the principles and spirit of the ILO convention 169 as a
relevant and strategic tool for advancing indigenous peoples rights, social
- cultural development needs and lobby their governments for enactment of
relevant legislative changes that are necessary for the improved realization
and enjoyment of human rights and fundamental freedoms of indigenous
peoples.
The Project to Promote ILO Convention No. 169 on Indigenous and Tribal
Peoples (PRO 169) partnership with Indigenous peoples' organizations,
networks and governments been supporting a number of initiates across the
African continent and at the global level with objectives of building the
capacity of Indigenous peoples organizations & networks, governments and
national human rights institutions as a means to building a firm foundation
for the recognition and respect for indigenous peoples rights.
The overall purpose is to promote the implementation of indigenous peoples'
rights in the African region through the discussion and dissemination of
experiences, good practice and lessons learned and also to better understand
challenges associated with the peoples rights struggle and how different
actors are address these challenges .
This will allow the participants to benefit and be motivated from the
experiences of others and to contribute to reducing the perceived
sensitivity of indigenous issues.
It is expected that the discussions on the implementation and replicability
of good practices and lessons learned will facilitate a process, whereby
government and indigenous institutions can assess their specific needs for
capacity building and technical assistance and strengthen their networking
at the regional level.
The seminar is being planned and organised through a partnership by a number
of organisations operating at different levels and with mandates that
touches on the rights of indigenous peoples. The organises that are the
Kenya National Commission on Human Rights, The ILO PRO 169 and Centre for
Human Rights, University of Pretoria and Pastoralists and Hunter- Gatherers
Network of Kenya.
The focus of the seminar will be on experiences, good practice and lessons
learned that can contribute to a constructive approach to implementing
indigenous peoples' rights.
As a key resource for the seminar, PRO 169 is preparing a comprehensive
Practice Guide for the Implementation of Indigenous Peoples' Rights. The
Practice Guide will serve as a resource for the seminar but will also be
enriched by the input and experiences presented at the seminar before it
finalisation in June 2009.
The agenda of the seminar will focus on key aspects relating to the
implementation of indigenous peoples' rights, including consultation and
participation; land and natural resources; and systematic and coordinated
action of the States.
The programme of the seminar will be innovative and interactive in order to
facilitate the dialogue, exchange and mutual learning among the
participants. Key elements will be core plenary sessions with panel
presentations, thematic working groups, community visits, exhibition and
cultural performances.
Participants will be requested to prepare case studies from their
communities and countries, presentations. The opportunity will also be used
to show case indigenous cultures and items in a mini- exhibition including
documentary films and photos.
The preliminary preparation for the seminar by participants will be based on
a set of guidelines and materials that will be made available to them at
least one month before the start of the training.
Gender will be a specific topic of the seminar but also mainstreamed in the
programme.
Special efforts will be made to ensure action-oriented outcomes and
follow-up to the seminar.
The seminar will convene around 50 participants from the African region.
Participants will come from
Key indigenous organisations,
International/regional NGOs supporting indigenous peoples rights
Government and government institutions
Africa Commission on Human and Peoples rights
National Human Rights Institutions,
UN organisations and donors.
Pre- seminar Field Visit: Proposed sites are
Whole Group: Kajiado/Nairobi Metropolis- Theme: impact of cities encroaching
into indigenous peoples lands, and also impact of extractive industries by
Multinational Magadi Soda to indigenous livelihoods and means of
occupations. Lead organisation: MPIDO
Key issues:
- displacement of from ancestral lands and territories
- urban based indigenous peoples and how they are coping with modern lives
- Natural resources: access and benefit sharing from extractive industries
- Representation in Effective Decision making and participation
- Free Prior informed consent
- Political representation
- Provision, Access and quality of social services and amenities including
legal aid and human rights services.
1 Kenya National Commission on Human Rights - National Human Rights
Institution created by an act of public to protect human rights and to
safeguard against Government excesses. It has a an initiative on Minorities
and indigenous peoples rights in its Plan of operation.
2 Pastoralists and Hunter- Gatherers Minorities Network has been
instrumental in ensuring that indigenous communities issues and concerns are
included in Policy and constitution review processes in Kenya.
3 Source: ILO, Asian region concept note, undated.
http://www.ilo.org/indigenous/Resources/Trainingmaterials/lang--en/WCMS_1064
77/index.htm