1) The document is an advisory opinion from the African Commission on Human and Peoples' Rights regarding concerns expressed by African states about the United Nations Declaration on the Rights of Indigenous Peoples.
2) Key concerns included the lack of a definition for indigenous peoples, issues around self-determination and how that could affect territorial integrity and sovereignty.
3) The advisory opinion addresses these concerns, noting that characteristics are more important than a single definition, and that self-determination must be balanced with respect for sovereignty and borders according to the African Commission's jurisprudence.
This report provides an overview of the constitutional, legislative and administrative protections of indigenous rights in Morocco. It examines Morocco's legal framework and how it impacts the rights of indigenous Berbers. The Berbers are the indigenous peoples of Morocco and speak the Tamazight language. They have faced 'Arabisation' policies that deny their cultural and linguistic identity. The report provides demographic details on Berbers, an overview of Morocco's history and legal system, and an analysis of legal protections for indigenous rights in areas like non-discrimination, language, land and natural resources. It concludes with recommendations to strengthen protections for Berber rights.
Ghetnet Metiku - Institutional advances in the african human rights system si...Ghetnet Metiku
This brief paper explores the institutional advances in the african human rights system since the adoption of the African Charter on Human and Peoples' Rights (ACHPR).
Ghetnet metiku reflections on the au convention for the protection and assist...Ghetnet Metiku
The document provides an overview and background on the AU Convention for the Protection and Assistance of Internally Displaced Persons (Kampala Convention). It discusses key points, including that the Convention is based on pre-existing human rights frameworks, defines IDPs in line with international principles, and aims to prevent displacement, protect displaced persons, and protect returnees. It also notes that the Convention identifies states as primarily responsible but also outlines obligations of non-state actors, and provides an implementation framework through existing AU monitoring systems rather than creating new ones.
Protection of minority rights under the african human rights systemGhetnet Metiku
The document discusses the protection of minority rights under international and African human rights law. It provides definitions of minorities from various UN studies and notes that the ICCPR protects the rights of persons belonging to minorities to enjoy their own culture, religion, and language. In Africa, minority issues emerged with colonialism, but the OAU and African Commission initially gave little attention to them due to principles of non-interference and sovereignty. The document outlines relevant provisions in the African Charter and notes recent efforts through the African Commission to address minority issues.
Combined 32nd and 33rd Activity Report of the African Commission on Human and...Dr Lendy Spires
The document summarizes the activities of the African Commission on Human and Peoples' Rights during its 32nd and 33rd sessions from February to October 2012. It discusses the Commission's legal framework, meetings held including its 51st and 52nd ordinary sessions, state reporting, resolutions adopted, and commemoration of its 25th anniversary. It provides an overview of the Commission's work promoting and protecting human rights across Africa during this period.
This document provides an introduction to international law. It discusses the traditional definition of international law as governing relations between states, but notes that definition is outdated as international law now also governs relations involving individuals, organizations, corporations, and matters like human rights, the environment, and use of force. It identifies five subjects of international law that have legal personality: states, individuals, international organizations, transnational corporations, and some special entities. The document also discusses the development of international law and its sources.
Ghetnet Metiku - The african court of justice and human rightsGhetnet Metiku
The planned merger of the human rights court and the yet to be established court of justice into an African Court of Justice and Human Rights is the focus of this paper. More specifically the potential challenges of establishing such a court are explored in some detail.
Ghetnet Metiku - An assessment of the effectiveness of the Universal Periodic...Ghetnet Metiku
This is a brief assessment of the effectiveness of the universal periodic review mechanism in terms of improving the protection and promotion of human rights. While the emphasis is on Ethiopia, a range of countries are covered in the assessment.
This report provides an overview of the constitutional, legislative and administrative protections of indigenous rights in Morocco. It examines Morocco's legal framework and how it impacts the rights of indigenous Berbers. The Berbers are the indigenous peoples of Morocco and speak the Tamazight language. They have faced 'Arabisation' policies that deny their cultural and linguistic identity. The report provides demographic details on Berbers, an overview of Morocco's history and legal system, and an analysis of legal protections for indigenous rights in areas like non-discrimination, language, land and natural resources. It concludes with recommendations to strengthen protections for Berber rights.
Ghetnet Metiku - Institutional advances in the african human rights system si...Ghetnet Metiku
This brief paper explores the institutional advances in the african human rights system since the adoption of the African Charter on Human and Peoples' Rights (ACHPR).
Ghetnet metiku reflections on the au convention for the protection and assist...Ghetnet Metiku
The document provides an overview and background on the AU Convention for the Protection and Assistance of Internally Displaced Persons (Kampala Convention). It discusses key points, including that the Convention is based on pre-existing human rights frameworks, defines IDPs in line with international principles, and aims to prevent displacement, protect displaced persons, and protect returnees. It also notes that the Convention identifies states as primarily responsible but also outlines obligations of non-state actors, and provides an implementation framework through existing AU monitoring systems rather than creating new ones.
Protection of minority rights under the african human rights systemGhetnet Metiku
The document discusses the protection of minority rights under international and African human rights law. It provides definitions of minorities from various UN studies and notes that the ICCPR protects the rights of persons belonging to minorities to enjoy their own culture, religion, and language. In Africa, minority issues emerged with colonialism, but the OAU and African Commission initially gave little attention to them due to principles of non-interference and sovereignty. The document outlines relevant provisions in the African Charter and notes recent efforts through the African Commission to address minority issues.
Combined 32nd and 33rd Activity Report of the African Commission on Human and...Dr Lendy Spires
The document summarizes the activities of the African Commission on Human and Peoples' Rights during its 32nd and 33rd sessions from February to October 2012. It discusses the Commission's legal framework, meetings held including its 51st and 52nd ordinary sessions, state reporting, resolutions adopted, and commemoration of its 25th anniversary. It provides an overview of the Commission's work promoting and protecting human rights across Africa during this period.
This document provides an introduction to international law. It discusses the traditional definition of international law as governing relations between states, but notes that definition is outdated as international law now also governs relations involving individuals, organizations, corporations, and matters like human rights, the environment, and use of force. It identifies five subjects of international law that have legal personality: states, individuals, international organizations, transnational corporations, and some special entities. The document also discusses the development of international law and its sources.
Ghetnet Metiku - The african court of justice and human rightsGhetnet Metiku
The planned merger of the human rights court and the yet to be established court of justice into an African Court of Justice and Human Rights is the focus of this paper. More specifically the potential challenges of establishing such a court are explored in some detail.
Ghetnet Metiku - An assessment of the effectiveness of the Universal Periodic...Ghetnet Metiku
This is a brief assessment of the effectiveness of the universal periodic review mechanism in terms of improving the protection and promotion of human rights. While the emphasis is on Ethiopia, a range of countries are covered in the assessment.
36th Activity Report of the African Commission on Human and Peoples RightsDr Lendy Spires
This document summarizes the 36th Activity Report of the African Commission on Human and Peoples' Rights covering November 2013 to May 2014. It describes the statutory meetings held, including the 5th Joint Bureaux meeting, the 15th Extra-Ordinary Session, and the 55th Ordinary Session. It provides details on state reports considered, communications reviewed, resolutions adopted, and the participation of states, NGOs, and other observers. Key activities included examining state reports, granting observer status to NGOs, appointing experts to working groups, and adopting various documents on human rights issues.
Systemic Analysis of the Levels of Protection Guaranteed in Regional Human Ri...ijtsrd
The continental division of humanity in the era of contemporary globalization has given rise to several regional systems of human rights protection that offer nuanced guarantees. It goes without saying that these regional mechanisms constitute the highest and strongest protection of human rights insofar as they involve jurisdictional institutions under the provisions of regional instruments. It is therefore necessary to analyze the legal differences that can be observed from one regional system to another in order to evaluate the quality of the protection guaranteed in each. Mohamed El Bachir Labiad "Systemic Analysis of the Levels of Protection Guaranteed in Regional Human Rights Law" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-5 | Issue-4 , June 2021, URL: https://www.ijtsrd.compapers/ijtsrd42480.pdf Paper URL: https://www.ijtsrd.comother-scientific-research-area/public-relations/42480/systemic-analysis-of-the-levels-of-protection-guaranteed-in-regional-human-rights-law/mohamed-el-bachir-labiad
The document is the preamble and first two articles of the Universal Declaration of Human Rights adopted by the UN General Assembly in 1948. It establishes that all human beings are born free and equal in dignity and rights, and that everyone is entitled to the rights and freedoms in the declaration without discrimination of any kind. It affirms the inherent dignity of all members of the human family and that disregard for human rights has resulted in barbarous acts against humanity.
34th Activity Report of the African Commission on Human and Peoples Right (AC...Dr Lendy Spires
The document is the 34th Activity Report of the African Commission on Human and Peoples' Rights, covering November 2012 to April 2013. It details the Commission's activities, including statutory meetings, resolutions adopted, state reporting, and communications considered. Specifically, it summarizes the Commission's 13th Extra-Ordinary Session in February 2013, where it adopted two resolutions and considered 23 communications. It also summarizes the 53rd Ordinary Session in April 2013, where it adopted four resolutions, considered promotion mission reports to Cameroon and Lesotho, and issued a statement on human rights in the Central African Republic.
The disabilities act 1995 ,finds precedence in certain sectionsa of society with varied implementations in govt. aided universities for sake of vocational guidance and training of specially abled personnel.
58th Session - Peru (International Human Rights Law Institute)Tehniat Zaman
This document provides a shadow report on trafficking of women in Peru's Madre de Dios region submitted to the UN Committee on the Elimination of Discrimination against Women. It outlines Peru's obligations under international law to prevent trafficking and analyzes key issues in the Madre de Dios region where trafficking thrives due to lack of regulation and corruption. The report concludes with recommendations for Peru to better address trafficking in accordance with its international commitments.
An Analytical Study of International Standards on Minority Rights IJMER
The recognition and protection of minority rights under international law began with the
establishment of the League of Nations which adopted several “minority treaties”. When the United
Nations was set up in 1945 to replace the League of Nations, it too, gradually developed a number of
norms, procedures and mechanisms with an aim to protect minorities. Apart from UN various
international statutes and standards have provided the broad framework for the protection and
promotion of these minorities.
This article is an endeavor by the author to ascertain the meaning of the term „Minority‟ as enshrined in
different international statutes. Author has also made an attempt to analyze the scope of minority rights
at the international forum. Article also consist analysis of various international statutes providing array
of rights to the minorities with help of relevant case laws.
Dr. H. Abdul Azeez: Protection of Human Rights from the Police-Regional SystemsAbdul Azeez H
The measures that are being taken by the Countries to prevent the violation of human rights by the police differ widely in its effectiveness. The disparity among the nations accentuate for super national bodies on regional basis for the effective protection of human rights from the police. There exist European, Inter-American, African, Minsk and Arab regional systems for the protection of Human rights on super national basis. Regional systems also differ in protecting the human rights from the police mainly due to the socio-economic and cultural diversities that exist in the regions. An overview as to how effective is the regional mechanisms in protecting human rights from the police.
The document summarizes a panel discussion on the Kampala Convention, the first legally binding regional instrument in Africa to establish obligations to protect and assist internally displaced persons (IDPs). The panelists discussed how the Convention relates to existing humanitarian and human rights law, its aims and mechanisms for implementation and enforcement. One panelist discussed the Convention's explicit provisions for civil society to offer assistance to IDPs and its requirement for states to cooperate with and facilitate the work of civil NGOs. Another panelist discussed how the Convention transformed international norms on IDPs into binding regional law for Africa and reinforced the role of regional institutions in developing standards and responding to displacement issues in the African context.
37th Activity Report of the African Commission on Human and Peoples RightsDr Lendy Spires
The 37th Activity Report of the African Commission on Human and Peoples' Rights covers the period from June to December 2014. It highlights statutory meetings held including the 3rd Annual Meeting with the African Court in Kigali, Rwanda. It also discusses state reporting on human rights conditions, 8 resolutions adopted including on Somalia and Egypt, the postponement of the 56th Ordinary Session due to Ebola, letters of urgent appeal sent to several countries, and a fact-finding mission to the Central African Republic to investigate human rights violations.
Report of the detailed findings of the commission of inquiry on the 2014 gaza...RepentSinner
The document contains the detailed findings of the independent commission of inquiry established to investigate violations of international law in the Occupied Palestinian Territory during Israel's 2014 military operations in Gaza. The commission was not granted access to Israel or the Occupied Palestinian Territory, but received cooperation from Palestine and testimony from victims via remote means. The commission applied international humanitarian law, human rights law, and criminal law in its investigation and analysis.
The document summarizes the proceedings of a regional sensitization seminar held in Yaounde, Cameroon from September 13-16, 2006 on the rights of indigenous populations and communities in Central Africa. It provides an overview of the seminar objectives and participants which included indigenous organizations, national human rights institutions, NGOs, and state delegates from Central African countries. Experts gave presentations on topics such as the characteristics of indigenous groups in Africa, key issues facing them like land rights violations, legal protections in Central Africa, and government policies in various countries. The seminar aimed to strengthen collaboration between stakeholders on improving assistance to indigenous communities.
El objetivo de este trabajo es discutir algunos aspectos de la teoría de la demanda efectiva de Kalecki (1971) a partir del análisis del crecimiento de la economía americana en las últimas décadas y particularmente en los años 2000. A lo largo de este período hubo en los Estados Unidos un proceso de creciente concentración de la riqueza y del ingreso funcional y personal. Al mismo tiempo el consumo agregado crece tanto como proporción del producto (PIB) como en relación a la ingreso disponible de «las familias» de modo tal que cada vez es mayor el coro de los que se preocupan con la baja y descendente tasa de ahorro de la economía americana. ¿Será que esto significa que tanto la idea de Keynes, de que los ricos tienen mayor propensión marginal a ahorrar, como la idea kaleckiana (que viene de Marx) de que la propensión marginal a ahorrar de los trabajadores es bastante menor que la de los capitalistas está equivocada? En este trabajo vamos a avalar la visión de Kalecki sobre este y otros temas anali- zando el crecimiento de la economía americana en este período a partir de una visión sraffiana de crecimiento liderado por la demanda y utilizando en particular la interpretación de Barba & Pivetti (2008) para la evolución del consumo agregado en Estados Unidos. Además de esta introducción, el trabajo se divide en siete secciones. En la sección II hacemos brevísimas consideraciones generales sobre la compatibilidad de la visión de Kalecki y el enfoque sraffiano. En la sección III presentamos un análisis de la realización de la masa agregada de ganancias en Kalecki llamando la atención sobre el posible papel del crédito al consumidor y de la inversión residencial. Luego analizamos la evolución de la demanda efectiva en la economía americana en los años 2000 (sección IV), la cuestión de la concentración del ingreso y de la evolución del consumo agregado (sección V) y la dinámica de la inversión residencial, desde el boom especulativo hasta la reciente crisis subprime (sección VI). En la sección VII presenta- mos breves observaciones finales.
The document provides an overview of recent events in the Wynter Wonderland household. It mentions Wynn giving birth to baby Ivan with only Hazel as a witness in the bathroom. Fiona works to teach toddler skills to Hazel. Cid has his birthday and moves out, freeing up space for another child. Wynn hopes baby Ivan will develop special powers from being a simself but the author doubts this.
1. El documento describe el proceso de formulación de objetivos e hipótesis en una investigación. 2. Explica cómo definir objetivos generales y específicos a partir de la pregunta y subpreguntas de investigación. 3. También cubre la elaboración del marco teórico, conceptual y de referencia, así como la justificación, operacionalización de variables e hipótesis de trabajo.
La Unión Europea ha acordado un embargo petrolero contra Rusia en respuesta a su invasión de Ucrania. El embargo forma parte de un sexto paquete de sanciones y prohibirá la mayoría de las importaciones de petróleo ruso en la UE a finales de este año. Algunos estados miembros aún dependen en gran medida del petróleo ruso y se les ha concedido una exención, pero se espera que el embargo reduzca drásticamente los ingresos energéticos de Rusia.
This document provides a guide to the African human rights system, specifically focusing on the African Charter on Human and Peoples' Rights which was adopted in 1981. It summarizes the history of the Charter, its key features, subsequent protocols that supplemented it, and institutions it established like the African Commission on Human and Peoples' Rights. The summary celebrates the progress the Charter has made in establishing human rights standards and mechanisms in Africa over the past 30 years since its adoption.
This report summarizes the mission of the African Commission's Working Group on Indigenous Populations to the Republic of Congo from March 15-24, 2010. The delegation met with government officials, UN agencies, NGOs, and visited indigenous communities. It observed a lack of data on indigenous peoples' rights and challenges to citizenship, justice, non-discrimination, and access to education, health, land, and employment. It noted ongoing efforts to pass a bill on the promotion and protection of indigenous peoples' rights, which would address many of these issues in line with international standards.
This document is the final report of the African Commission's Working Group on Indigenous Populations in Africa. It summarizes the Working Group's mandate to examine the concept of indigenous peoples in Africa, study implications of the African Charter, and make recommendations to protect indigenous communities' rights. The report finds that indigenous peoples face significant human rights issues regarding lands, discrimination, justice, culture, political participation, and access to services. It analyzes how the African Charter and the Commission's jurisprudence can be interpreted to better protect collective rights and the concept of 'peoples'. The report concludes by recommending the Commission adopt the report and maintain the Working Group's mandate.
The document contains the United Nations Declaration on the Rights of Indigenous Peoples and an Advisory Opinion on the Declaration by the African Commission on Human and Peoples' Rights. The Declaration affirms the rights of indigenous peoples to self-determination, land, culture and identity. It contains 46 articles outlining these rights. The Advisory Opinion examines key aspects of the Declaration, including the lack of an indigenous definition, issues of self-determination and territorial integrity, land and resource rights, and rights to separate political/economic institutions. It finds the Declaration consistent with the African Charter on Human and Peoples' Rights.
36th Activity Report of the African Commission on Human and Peoples RightsDr Lendy Spires
This document summarizes the 36th Activity Report of the African Commission on Human and Peoples' Rights covering November 2013 to May 2014. It describes the statutory meetings held, including the 5th Joint Bureaux meeting, the 15th Extra-Ordinary Session, and the 55th Ordinary Session. It provides details on state reports considered, communications reviewed, resolutions adopted, and the participation of states, NGOs, and other observers. Key activities included examining state reports, granting observer status to NGOs, appointing experts to working groups, and adopting various documents on human rights issues.
Systemic Analysis of the Levels of Protection Guaranteed in Regional Human Ri...ijtsrd
The continental division of humanity in the era of contemporary globalization has given rise to several regional systems of human rights protection that offer nuanced guarantees. It goes without saying that these regional mechanisms constitute the highest and strongest protection of human rights insofar as they involve jurisdictional institutions under the provisions of regional instruments. It is therefore necessary to analyze the legal differences that can be observed from one regional system to another in order to evaluate the quality of the protection guaranteed in each. Mohamed El Bachir Labiad "Systemic Analysis of the Levels of Protection Guaranteed in Regional Human Rights Law" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-5 | Issue-4 , June 2021, URL: https://www.ijtsrd.compapers/ijtsrd42480.pdf Paper URL: https://www.ijtsrd.comother-scientific-research-area/public-relations/42480/systemic-analysis-of-the-levels-of-protection-guaranteed-in-regional-human-rights-law/mohamed-el-bachir-labiad
The document is the preamble and first two articles of the Universal Declaration of Human Rights adopted by the UN General Assembly in 1948. It establishes that all human beings are born free and equal in dignity and rights, and that everyone is entitled to the rights and freedoms in the declaration without discrimination of any kind. It affirms the inherent dignity of all members of the human family and that disregard for human rights has resulted in barbarous acts against humanity.
34th Activity Report of the African Commission on Human and Peoples Right (AC...Dr Lendy Spires
The document is the 34th Activity Report of the African Commission on Human and Peoples' Rights, covering November 2012 to April 2013. It details the Commission's activities, including statutory meetings, resolutions adopted, state reporting, and communications considered. Specifically, it summarizes the Commission's 13th Extra-Ordinary Session in February 2013, where it adopted two resolutions and considered 23 communications. It also summarizes the 53rd Ordinary Session in April 2013, where it adopted four resolutions, considered promotion mission reports to Cameroon and Lesotho, and issued a statement on human rights in the Central African Republic.
The disabilities act 1995 ,finds precedence in certain sectionsa of society with varied implementations in govt. aided universities for sake of vocational guidance and training of specially abled personnel.
58th Session - Peru (International Human Rights Law Institute)Tehniat Zaman
This document provides a shadow report on trafficking of women in Peru's Madre de Dios region submitted to the UN Committee on the Elimination of Discrimination against Women. It outlines Peru's obligations under international law to prevent trafficking and analyzes key issues in the Madre de Dios region where trafficking thrives due to lack of regulation and corruption. The report concludes with recommendations for Peru to better address trafficking in accordance with its international commitments.
An Analytical Study of International Standards on Minority Rights IJMER
The recognition and protection of minority rights under international law began with the
establishment of the League of Nations which adopted several “minority treaties”. When the United
Nations was set up in 1945 to replace the League of Nations, it too, gradually developed a number of
norms, procedures and mechanisms with an aim to protect minorities. Apart from UN various
international statutes and standards have provided the broad framework for the protection and
promotion of these minorities.
This article is an endeavor by the author to ascertain the meaning of the term „Minority‟ as enshrined in
different international statutes. Author has also made an attempt to analyze the scope of minority rights
at the international forum. Article also consist analysis of various international statutes providing array
of rights to the minorities with help of relevant case laws.
Dr. H. Abdul Azeez: Protection of Human Rights from the Police-Regional SystemsAbdul Azeez H
The measures that are being taken by the Countries to prevent the violation of human rights by the police differ widely in its effectiveness. The disparity among the nations accentuate for super national bodies on regional basis for the effective protection of human rights from the police. There exist European, Inter-American, African, Minsk and Arab regional systems for the protection of Human rights on super national basis. Regional systems also differ in protecting the human rights from the police mainly due to the socio-economic and cultural diversities that exist in the regions. An overview as to how effective is the regional mechanisms in protecting human rights from the police.
The document summarizes a panel discussion on the Kampala Convention, the first legally binding regional instrument in Africa to establish obligations to protect and assist internally displaced persons (IDPs). The panelists discussed how the Convention relates to existing humanitarian and human rights law, its aims and mechanisms for implementation and enforcement. One panelist discussed the Convention's explicit provisions for civil society to offer assistance to IDPs and its requirement for states to cooperate with and facilitate the work of civil NGOs. Another panelist discussed how the Convention transformed international norms on IDPs into binding regional law for Africa and reinforced the role of regional institutions in developing standards and responding to displacement issues in the African context.
37th Activity Report of the African Commission on Human and Peoples RightsDr Lendy Spires
The 37th Activity Report of the African Commission on Human and Peoples' Rights covers the period from June to December 2014. It highlights statutory meetings held including the 3rd Annual Meeting with the African Court in Kigali, Rwanda. It also discusses state reporting on human rights conditions, 8 resolutions adopted including on Somalia and Egypt, the postponement of the 56th Ordinary Session due to Ebola, letters of urgent appeal sent to several countries, and a fact-finding mission to the Central African Republic to investigate human rights violations.
Report of the detailed findings of the commission of inquiry on the 2014 gaza...RepentSinner
The document contains the detailed findings of the independent commission of inquiry established to investigate violations of international law in the Occupied Palestinian Territory during Israel's 2014 military operations in Gaza. The commission was not granted access to Israel or the Occupied Palestinian Territory, but received cooperation from Palestine and testimony from victims via remote means. The commission applied international humanitarian law, human rights law, and criminal law in its investigation and analysis.
The document summarizes the proceedings of a regional sensitization seminar held in Yaounde, Cameroon from September 13-16, 2006 on the rights of indigenous populations and communities in Central Africa. It provides an overview of the seminar objectives and participants which included indigenous organizations, national human rights institutions, NGOs, and state delegates from Central African countries. Experts gave presentations on topics such as the characteristics of indigenous groups in Africa, key issues facing them like land rights violations, legal protections in Central Africa, and government policies in various countries. The seminar aimed to strengthen collaboration between stakeholders on improving assistance to indigenous communities.
El objetivo de este trabajo es discutir algunos aspectos de la teoría de la demanda efectiva de Kalecki (1971) a partir del análisis del crecimiento de la economía americana en las últimas décadas y particularmente en los años 2000. A lo largo de este período hubo en los Estados Unidos un proceso de creciente concentración de la riqueza y del ingreso funcional y personal. Al mismo tiempo el consumo agregado crece tanto como proporción del producto (PIB) como en relación a la ingreso disponible de «las familias» de modo tal que cada vez es mayor el coro de los que se preocupan con la baja y descendente tasa de ahorro de la economía americana. ¿Será que esto significa que tanto la idea de Keynes, de que los ricos tienen mayor propensión marginal a ahorrar, como la idea kaleckiana (que viene de Marx) de que la propensión marginal a ahorrar de los trabajadores es bastante menor que la de los capitalistas está equivocada? En este trabajo vamos a avalar la visión de Kalecki sobre este y otros temas anali- zando el crecimiento de la economía americana en este período a partir de una visión sraffiana de crecimiento liderado por la demanda y utilizando en particular la interpretación de Barba & Pivetti (2008) para la evolución del consumo agregado en Estados Unidos. Además de esta introducción, el trabajo se divide en siete secciones. En la sección II hacemos brevísimas consideraciones generales sobre la compatibilidad de la visión de Kalecki y el enfoque sraffiano. En la sección III presentamos un análisis de la realización de la masa agregada de ganancias en Kalecki llamando la atención sobre el posible papel del crédito al consumidor y de la inversión residencial. Luego analizamos la evolución de la demanda efectiva en la economía americana en los años 2000 (sección IV), la cuestión de la concentración del ingreso y de la evolución del consumo agregado (sección V) y la dinámica de la inversión residencial, desde el boom especulativo hasta la reciente crisis subprime (sección VI). En la sección VII presenta- mos breves observaciones finales.
The document provides an overview of recent events in the Wynter Wonderland household. It mentions Wynn giving birth to baby Ivan with only Hazel as a witness in the bathroom. Fiona works to teach toddler skills to Hazel. Cid has his birthday and moves out, freeing up space for another child. Wynn hopes baby Ivan will develop special powers from being a simself but the author doubts this.
1. El documento describe el proceso de formulación de objetivos e hipótesis en una investigación. 2. Explica cómo definir objetivos generales y específicos a partir de la pregunta y subpreguntas de investigación. 3. También cubre la elaboración del marco teórico, conceptual y de referencia, así como la justificación, operacionalización de variables e hipótesis de trabajo.
La Unión Europea ha acordado un embargo petrolero contra Rusia en respuesta a su invasión de Ucrania. El embargo forma parte de un sexto paquete de sanciones y prohibirá la mayoría de las importaciones de petróleo ruso en la UE a finales de este año. Algunos estados miembros aún dependen en gran medida del petróleo ruso y se les ha concedido una exención, pero se espera que el embargo reduzca drásticamente los ingresos energéticos de Rusia.
This document provides a guide to the African human rights system, specifically focusing on the African Charter on Human and Peoples' Rights which was adopted in 1981. It summarizes the history of the Charter, its key features, subsequent protocols that supplemented it, and institutions it established like the African Commission on Human and Peoples' Rights. The summary celebrates the progress the Charter has made in establishing human rights standards and mechanisms in Africa over the past 30 years since its adoption.
This report summarizes the mission of the African Commission's Working Group on Indigenous Populations to the Republic of Congo from March 15-24, 2010. The delegation met with government officials, UN agencies, NGOs, and visited indigenous communities. It observed a lack of data on indigenous peoples' rights and challenges to citizenship, justice, non-discrimination, and access to education, health, land, and employment. It noted ongoing efforts to pass a bill on the promotion and protection of indigenous peoples' rights, which would address many of these issues in line with international standards.
This document is the final report of the African Commission's Working Group on Indigenous Populations in Africa. It summarizes the Working Group's mandate to examine the concept of indigenous peoples in Africa, study implications of the African Charter, and make recommendations to protect indigenous communities' rights. The report finds that indigenous peoples face significant human rights issues regarding lands, discrimination, justice, culture, political participation, and access to services. It analyzes how the African Charter and the Commission's jurisprudence can be interpreted to better protect collective rights and the concept of 'peoples'. The report concludes by recommending the Commission adopt the report and maintain the Working Group's mandate.
The document contains the United Nations Declaration on the Rights of Indigenous Peoples and an Advisory Opinion on the Declaration by the African Commission on Human and Peoples' Rights. The Declaration affirms the rights of indigenous peoples to self-determination, land, culture and identity. It contains 46 articles outlining these rights. The Advisory Opinion examines key aspects of the Declaration, including the lack of an indigenous definition, issues of self-determination and territorial integrity, land and resource rights, and rights to separate political/economic institutions. It finds the Declaration consistent with the African Charter on Human and Peoples' Rights.
This document provides an overview of the constitutional, legislative and administrative protection of the rights of indigenous peoples in South Africa. It summarizes a research project conducted by the International Labour Organization and African Commission's Working Group on Indigenous Communities/Populations examining how the legal frameworks of 24 African countries impact and protect indigenous peoples' rights. The report focuses on the San and Khoe ethnic groups, who self-identify as indigenous peoples in South Africa and seek recognition of their human rights and freedoms. It provides information on the criteria for identifying indigenous peoples in South Africa, their demographic details and economic livelihoods, and the main human rights concerns of land rights, non-discrimination, and cultural protections.
The document summarizes the report of the African Commission's Working Group on Indigenous Populations/Communities mission to Rwanda from December 1-5, 2008. It includes an executive summary of the mission and analysis of meetings held with various stakeholders. The report was adopted by the African Commission on Human and Peoples' Rights in May 2010 to document the visit and facilitate dialogue on indigenous peoples' rights in Rwanda.
The document summarizes the key findings of a research and information visit to the Republic of Congo by the African Commission's Working Group on Indigenous Populations/Communities from September 5-19, 2005. The visit included meetings with government ministries, NGOs, and UN agencies to discuss the situation of indigenous "Pygmy" peoples. It finds that Pygmies face discrimination and human rights violations including practices akin to slavery, lack of citizenship and political participation, sexual violence against women, lack of access to education, forced labor, and land issues. It concludes with recommendations to the government to improve protections for Pygmy rights and livelihoods.
This document provides an overview of Kenya's legal framework and its protection of indigenous peoples' rights. It identifies key indigenous communities in Kenya as the pastoralist groups like the Maasai, Pokot, Samburu, and Somali and hunter-gatherer communities such as the Awer, Ogiek, and Sengwer. These communities meet the criteria for identification as indigenous peoples under international law including having a collective attachment to ancestral lands and retaining traditional institutions and livelihoods. The report examines the main human rights concerns of these groups regarding legal recognition, equality, cultural rights, land and resource rights. It provides background on Kenya's history, legal system and relevant institutions before analyzing the extent of legal protections for indigenous peoples'
The document discusses the African regional human rights system, focusing on Nigeria. It provides background on the establishment of the African Charter on Human and Peoples' Rights in 1981 to protect rights in a way that reflects African experiences. Nigeria ratified the Charter in 1984. The document performs SWOT analyses of the Charter and of Nigeria's National Human Rights Commission, finding strengths in protections but weaknesses in enforcement. It notes opportunities in bridging rights violations and threats from lack of political will. Civil society plays a role in Nigeria. Non-Western partnerships with countries like China may impact the traditional Western-centric world order.
INDIGENOUS PEOPLES IN AFRICA: THE FORGOTTEN PEOPLESDr Lendy Spires
The African Commission’s work on indigenous peoples in Africa Introduction The African Commission on Human and Peoples’ Rights (ACHPR or African Commission) has been debating the human rights situation of indigenous peoples since 1999, as these are some of the most vulnerable groups on the African continent. Since the 29th Ordinary Session of the ACHPR in Libya in 2001, representatives of indigenous communities have attended every session of the ACHPR and have given strong testimony to their desperate situation and the human rights violations to which they are victim.
They have informed the ACHPR about the discrimination and contempt they experience, about the dispossession of their land and the destruction of their livelihoods, cultures and identities, about their extreme poverty, about their lack of access to and participation in political decision-making, and about their lack of access to education and health facilities. In sum, the message is a strong request for recognition, respect and human rights protection. It is a request for the right to survive as peoples and to have a say in their own future, based on their own culture, identity, hopes and visions. Representatives of indigenous peoples and communities have re-quested that the ACHPR ensures the protection and promotion of their fundamental human rights, and the ACHPR has responded to this call.
The ACHPR recognizes that the protection and promotion of the human rights of the most disadvantaged, marginalized and excluded groups on the continent is a major concern, and that the African Charter on Human and Peoples’ Rights (African Charter) must form the framework for this. In order to achieve a better basis on which to advance discussions and formulate recommendations, the ACHPR set up a Working Group on Indigenous Populations/Communities in 2001. In consultation with human rights experts and representatives of indigenous communities, the Working Group drafted the comprehensive document “Report of the African Commission’s Working Group of Experts on Indigenous Populations/ Communities” on the human rights situation of indigenous peoples and communities in Africa (the full report can be downloaded from ht-tp:// www.iwgia.org.sw163.asp).
This report summarizes the findings of the African Commission's Working Group on Indigenous Populations/Communities research visit to Libya from August 11-25, 2005. The delegation met with Tuareg representatives from Mali, Libyan government officials, and indigenous communities in Libya. The report describes the political system in Libya and provides an overview of the situation of indigenous Tuareg and Amazigh peoples. It finds that while indigenous peoples face socioeconomic challenges, the government has programs aimed at improving conditions and promotes regional cooperation on indigenous issues.
The report summarizes the findings of the African Commission's Working Group on Indigenous Populations/Communities research and information visit to Libya from August 11-25, 2005. It notes that while the visit was not as comprehensive as intended due to logistical issues, meetings were still held with Libyan officials, indigenous representatives, and indigenous delegates from Mali and Niger. The report outlines Libya's political system and provides demographic information. It finds that while indigenous peoples enjoy socio-economic rights, their cultural and political rights are limited due to a lack of recognition, associations, awareness, and freedom of expression. The report concludes by making recommendations to Libya to better protect indigenous rights.
The document summarizes the Regional Sensitization Seminar on the Rights of Indigenous Populations/Communities in Central and East Africa held in Brazzaville, Republic of Congo from August 22-25, 2011. It discusses presentations made on the challenges facing indigenous peoples in these regions, including lack of participation in decision making, land grabbing, and lack of basic services. It also highlights positive developments like Congo's new indigenous rights law, CAR's ratification of ILO 169, and Kenya's constitutional reforms. The seminar concluded with recommendations to governments to implement laws protecting indigenous rights and involve indigenous peoples in related processes.
This document discusses the African Commission's work to protect the human rights of indigenous peoples in Africa. It describes key characteristics of indigenous peoples, including that their cultures differ from dominant societies and depend on access to traditional lands. Examples of indigenous groups mentioned are Pygmies, San, Himba, Tuareg, and Amazigh. The document notes that indigenous peoples suffer from discrimination, land dispossession, lack of political participation, and lack of access to education and healthcare. It establishes the African Commission's Working Group on Indigenous Populations/Communities to address these issues and promote indigenous peoples' rights.
The United Nations Declaration on the Rights of Indigenous Peoples A Manual f...Dr Lendy Spires
The document provides background on the United Nations Declaration on the Rights of Indigenous Peoples and outlines the content and implementation of the Declaration, including discussing indigenous peoples' rights to self-determination, lands and resources, development, and redress for historical injustices; it also examines the role that national human rights institutions can play in promoting the Declaration through activities at both the domestic and international levels.
This document provides an overview of the African human rights instruments relevant to the protection of indigenous peoples' rights, including the African Charter on Human and Peoples' Rights. It discusses the African Charter's recognition of civil and political rights, social and economic rights, and peoples' rights. It notes that while all rights under the African Charter apply to indigenous communities, the provisions on peoples' rights most reflect the challenges facing indigenous peoples in Africa today. The document also briefly mentions other relevant African human rights treaties, such as the African Charter on the Rights and Welfare of the Child and the Protocol to the African Charter on the Rights of Women in Africa.
This document is a report from the African Commission's Working Group on Indigenous Populations/Communities that details their research visit to the Central African Republic from January 15-28, 2007. The report provides an overview of the socio-political context in CAR, the existing legal framework regarding indigenous peoples' rights, and meetings held with various government ministries, NGOs, indigenous communities, and others to discuss indigenous human rights issues. It finds that indigenous peoples in CAR face issues like practices similar to slavery, armed conflicts, lack of access to healthcare, education and land/natural resources, and unequal participation in public life. The report concludes with recommendations to address these issues.
This document summarizes a report by the African Commission's Working Group on Indigenous Populations/Communities about their research visit to the Central African Republic from January 15-28, 2007. The objectives of the visit were to provide information about indigenous peoples' rights, gather information on the human rights situation of indigenous peoples in CAR, and distribute the African Commission's report on indigenous peoples. The mission met with government officials, NGOs, indigenous communities, and others. While CAR's laws prohibit discrimination and ratified international treaties protecting indigenous rights, the report found indigenous peoples face issues regarding slavery-like practices, armed conflicts, access to healthcare, education, land and political participation. It concludes with recommendations.
REPORT OF THE AFRICAN COMMISSION’S WORKING GROUP ON INDIGENOUS POPULATIONS/CO...Dr Lendy Spires
The report summarizes the findings of the African Commission's Working Group on Indigenous Populations/Communities research and information visit to Kenya from March 1-19, 2010. The delegation met with various indigenous communities, CBOs, and government officials. They found that Kenya's indigenous communities still face serious threats to their existence stemming from colonial-era policies and post-independence development policies, particularly the loss of their ancestral lands and resulting marginalization. While new laws and policies aim to address these issues, full implementation is still needed to protect indigenous peoples' human rights.
This document is a report from the African Commission's Working Group on Indigenous Populations/Communities regarding their research visit to Kenya from March 1-19, 2010. The report provides background on the Working Group and their mandate to study and advance the human rights of indigenous peoples in Africa. It then summarizes the major human rights issues facing indigenous communities in Kenya, including lack of recognition, land dispossession, lack of participation in decision making, discrimination, and issues regarding development, conflict, education and health care access. The report concludes with recommendations for Kenya on improving protections for indigenous peoples' rights.
1. AFRICAN UNION UNION AFRICAINE
48, Kairaba Avenue, P.O.Box 673, Banjul, The Gambia,
Tel: (220) 4377721 - Fax: (220) 4390 764 - achpr@achpr.org - www.achpr.org
ADVISORY OPINION
OF THE AFRICAN COMMISSION ON
HUMAN AND PEOPLES’ RIGHTS
ON THE UNITED NATIONS
DECLARATION ON THE RIGHTS OF
INDIGENOUS PEOPLES
Adopted by the African Commission on Human and Peoples’ Rights
at its 41st Ordinary Session held in May 2007 in Accra, Ghana
2007
UNIÃO AFRICANA
African Commission on
Human & Peoples’ Rights
Commission Africaine des
Droits de l’Homme et des Peuples
2. ADVISORY OPINION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS ON THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS eelopps
INTRODUCTION
1. At its 1st Session held on the 29th June 2006 in Geneva, the United
Nations Human Rights Council (UNHRC) adopted the United
Nations Declaration on the Rights of Indigenous Peoples (the Dec-laration).
This Declaration is the result of a process of negotiation,
which began in March 1995, under the auspices of the former United
Nations Commission for Human Rights (UNHRC), during which an
inter-session working group prepared the draft.
2. During its consideration by the 3rd Committee of the United Na-tions
General Assembly (UNGA) in New York, the adoption of this
resolution was brought before a certain number of countries as well
as the group of African States which expressed a number of con-cerns
which had been submitted to the State Parties in the form of
an aide-memoire of the African Group dated 9th November 2006.
3. Having been seized of the issue, the Assembly of Heads of State and
Government (AHSG) of the African Union (AU), meeting in Addis
Ababa in January 2007, took a decision aimed at requesting the
deferment of the consideration by the UNGA of the adoption of the
said Declaration with a view to opening negotiations for making
amendments, in order to take into consideration the fundamental
preoccupations of the African countries, namely:
a) The definition of indigenous peoples;
b) The issue of self-determination;
c) The issue of land ownership and the exploitation of resources;
d) The establishment of distinct political and economic institutions
e) The issue of national and territorial integrity
3. ADVISORY OPINION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS ON THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PeopleS
4. Seized of this matter during its 41st Ordinary Session (Accra, Ghana,
16 – 30 May 2007), the African Commission on Human and Peoples’
Rights (ACHPR), deliberated on the issue and on the recommenda-tion
of its Working Group on Indigenous Populations/Communi-ties
(WGIP), passed a Resolution which underlined the fact that the
concept of indigenous populations in the African Continent had
been the subject of extensive study and debate resulting in a report
adopted by the ACHPR in November 2003 at its 34th Ordinary
Session. [Report of the African Commission’s Working Group of
Experts on Indigenous Populations /Communities, adopted at the
34th Ordinary Session in November 2003, which fact was included
in the 17th Annual Activity Report of the African Commission later
noted and authorized for publication by the 4th Ordinary Session of
the AHSG of the AU held in January 2005 in Abuja, Nigeria (Assem-bly/
AU/Dec.56 (IV))]
5. Following its adoption of the said report, the ACHPR in its jurispru-dence
has interpreted and shed some light on matters similar to the
concerns voiced by the AHSG of the AU on the draft UN Declara-tion
and to that end, decided to ask, at its 41st Ordinary Session held
in Accra, Ghana its WGIP to draft an Advisory Opinion on the vari-ous
concerns expressed by the African States on the UN Declaration
for submission to and discussion with key AU organs concerned
with the matter before and during the AU Summit scheduled to take
place in Accra, Ghana from 1st to 3rd July 2007.
6. The ACHPR has interpreted the protection of the rights of Indig-enous
Populations within the context of a strict respect for the
inviolability of borders and of the obligation to preserve the ter-ritorial
integrity of State Parties, in conformity with the principles
and values enshrined in the Constitutive Act of the AU, the African
Charter on Human and Peoples’ Rights (the African Charter) and
the UN Charter.
7. Within this context, the present Advisory Opinion is being submit-ted
on the basis of the relevant provisions of Article 45(1)(a) of the
African Charter which gives mandate to the ACHPR to:
4. “Collect documentation, carry out studies and research on
African problems in the field of Human and Peoples’ Rights…
and, if need be, submit opinions or make recommendations to
the Governments.’’
8. In providing this Advisory Opinion, the ACHPR also relies on its
well established jurisprudence in interpreting the provisions of the
African Charter, which is one of its mandates under Article 45 (3) of
the African Charter:
“Interpret all the provisions of the present Charter at the
request of a State Party, an institution of the OAU or an
African Organization recognized by the OAU.”
I. ON THE LACK OF A DEFINITION OF INDIGENOUS POPULATIONS
9. The lack of a definition of the notion of indigenous populations
in the draft UN Declaration is considered as likely to create major
juridical problems for the implementation of the Declaration. The
aide-memoire of the African Group of November 2006 even indi-cates
that this: “would be not only legally incorrect but could also
create tension among ethnic groups and instability between sover-eign
States”.
10. From the studies carried out on this issue and the decisions it has
made on the matter, the ACHPR is of the view that, a definition is
not necessary or useful as there is no universally agreed definition
of the term and no single definition can capture the characteristics
of indigenous populations. Rather, it is much more relevant and
constructive to try to bring out the main characteristics allowing
the identification of the indigenous populations and communities
in Africa.
11. Thus, the major characteristics, which allow the identification of
Africa’s Indigenous Communities is the favored approach adopted,
5. ADVISORY OPINION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS ON THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PeopleS
and it is the same approach at the international level. [See the Report
of the ACHPR’s WGIP, adopted by the ACHPR]
12. The concept in effect embodies the following constitutive elements
or characteristics, among others [See page 93 of the Report of the
ACHPR’s WGIP, adopted by the ACHPR]:
a) Self-identification;
b) A special attachment to and use of their traditional land whereby
their ancestral land and territory have a fundamental importance
for their collective physical and cultural survival as peoples;
c) A state of subjugation, marginalisation, dispossession, exclusion,
or discrimination because these peoples have different cultures,
ways of life or mode of production than the national hegemonic
and dominant model;
13. Moreover, in Africa, the term indigenous populations does not
mean “first inhabitants” in reference to aboriginality as opposed
to non-African communities or those having come from else-where.
This peculiarity distinguishes Africa from the other Conti-nents
where native communities have been almost annihilated by
non-native populations. Therefore, the ACHPR considers that any
African can legitimately consider him/herself as indigene to the
Continent.
II. ON THE QUESTION OF SELF-DETERMINATION AND TERRITORIAL INTEGRITY
14. In its preamble, the UN Declaration on the Rights of Indigenous
Peoples states ”the fundamental importance of the right of all persons to
self-determination and considers that no provision of the present Declara-tion
can be invoked to deny a people, whatever they may be, of their right to
self-determination exercised in conformity with international law.”
15. Article 3 of the Declaration specifies that Indigenous Peoples “freely
determine their political status and freely pursue their economic, social and
6. cultural development.” Article 4 states that ”in the exercise of their right
to self-determination, the indigenous peoples have the right to autonomy or
self-government in everything that concerns their internal and local affairs
as well as ways and means to finance their autonomous activities.”
16. In reaction to these provisions, the aide-memoire of the African
Group of November 2006 re-affirms: “To implicitly recognize the rights
of indigenous peoples to self-determination in paragraph 13 of the preamble
and in Articles 3 and 4 of the Declaration may be wrongly interpreted and
understood as the granting of a unilateral right to self-determination and
a possible cessation to a specific section of the national population, thus
threatening the political unity and territorial integrity of any country”.
17. The ACHPR advises that articles 3 and 4 of the Declaration should
be read together with Article 46 of the Declaration, which guarantees
the inviolability of the integrity of Nation states. Article 46 of the
Declaration specifies “that nothing in this Declaration may be interpreted
as implying for any State, people, group or person any right to engage in
any activity or to perform any act contrary to the Charter of the UN”.
18. I n the opinion of the ACHPR, Articles 3 and 4 of the Declaration
can be exercised only in the context of Article 46 of the Declaration
which is in conformity with the African Commission’s jurispru-dence
on the promotion and protection of the rights of indigenous
populations based on respect of sovereignty, the inviolability of the
borders acquired at independence of the member states and respect
for their territorial integrity.
19. In Africa, the term indigenous populations or communities is not
aimed at protecting the rights of a certain category of citizens over
and above others. This notion does not also create a hierarchy be-tween
national communities, but rather tries to guarantee the equal
enjoyment of the rights and freedoms on behalf of groups, which
have been historically marginalized.
20. In this context, Article 20(1) of the African Charter is drafted in simi-lar
terms: “all peoples shall have the right to existence. They shall have
7. ADVISORY OPINION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS ON THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PeopleS
the unquestionable and inalienable right to self-determination. They shall
freely determine their political status and shall pursue their economic and
social development according to the policy they have freely chosen”.
21. It is true that the decision of the AU Summit of January 2007 on the
subject re-affirms in its preamble the reference to the UNGA Reso-lution
1514(XV) of 14 December 1960, which recognizes the rights
to self-determination, and the independence of the populations and
territories under colonial domination or under foreign occupation.
22. The fact remains however that the notion of self-determination has
evolved with the development of the international visibility of the
claims made by indigenous populations whose right to self-deter-mination
is exercised within the standards and according to the
modalities which are compatible with the territorial integrity of
the Nation States to which they belong.
23. In its jurisprudence on the rights of peoples to self-determination,
the ACHPR, seized of Communications/Complaints claiming for
the enjoyment of this right within State Parties, has constantly
emphasized that these populations could exercise their right to
self-determination in accordance with all the forms and variations
which are compatible with the territorial integrity of State Parties.
[See Communication 75/92 of 1995 - the Katangese People Con-gress
vs. Zaire, reported in the 8th Annual Activity Report of the
ACHPR].
24. In this respect, the report of the ACHPR’s WGIP states that, “the col-lective
rights known as the peoples’ rights should be applicable to
certain categories of the populations within Nation States, including
the indigenous populations but that…the right to self-determina-tion
as it is outlined in the provisions of the OAU Charter and in the
African Charter should not be understood as a sanctioning of seces-sionist
sentiments. The self-determination of the populations should
therefore be exercised within the national inviolable borders of a
State, by taking due account of the sovereignty of the Nation State”
(Experts’ Report of the ACHPR p. 83/88).
8. 25. Several States in Africa and elsewhere share this meaning of the
right to self-determination taken either from its perspective of iden-tity
for the preservation of the cultural heritage of these populations,
or from its socio-economical perspective for the enjoyment of their
economic and social rights within the context of the specificities of
their way of life.
26. However, if it is taken from the political perspective, the right of
Indigenous Populations to self-determination refers mainly to the
management of their “internal and local affairs” and to their partici-pation
as citizens in national affairs on an equal footing with their
fellow citizens without it leading to a total territorial break up which
would happen should there be violation of the territorial integrity of
the State Parties. Therefore this mode of attaining the right to self-determination
should not at all be confused with that which issued
from the Resolution 1514(XV) of the 14th December 1960 which is ap-plicable
to the populations and territories under colonial dominance
or foreign occupation and to which the UN Declaration, which is the
objective of this Advisory opinion, does not refer to at all.
27. In consequence, the ACHPR is of the view that the right to self-de-termination
in its application to indigenous populations and com-munities,
both at the UN and regional levels, should be understood
as encompassing a series of rights relative to the full participation in
national affairs, the right to local self-government, the right to rec-ognition
so as to be consulted in the drafting of laws and programs
concerning them, to a recognition of their structures and traditional
ways of living as well as the freedom to preserve and promote their
culture. It is therefore a collection of variations in the exercise of the
right to self-determination, which are entirely compatible with the
unity, and territorial integrity of State Parties.
28. From another angle, the question is also raised in terms of determin-ing
the exact meaning and scope of Article 9 of the UN Declaration,
which stipulates:
9. ADVISORY OPINION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS ON THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PeopleS
“Indigenous peoples and individuals have the right to belong to an
indigenous community or nation, in conformity with the traditions
and customs of the community or nation concerned. No discrimination
of any kind may arise from the exercise of such a right.”
29. On this point, the document representing the aide-memoire of the
African Group of November 2006 states that there is: “a real danger
that the tribal communities may interpret this clause as meaning that they
can chose to belong to a country whilst they live in the territory of another”.
30. The ACHPR observes that trans-national identification of indige-nous
communities is an African reality for several of the socio-eth-nic
groups living on our Continent and which co-habit in perfect
harmony with the principle of territorial integrity and national
unity. Furthermore it would be erroneous to think that certain
trans-border cultural activities anchored in the ways of life and the
ancestral productions of these communities can imperil the national
unity and integrity of the African countries.
31. In this regard, trans-border identification of indigenous communi-ties
or nations has not resulted in any challenge to the question of
citizenship or nationality being governed by the internal laws of
each country.
III. ON THE RIGHT OF INDIGENOUS PEOPLES TO LAND, TERRITORIES AND
RESOURCES
32. The UN Declaration states in its preamble that: “the control by
indigenous peoples over developments affecting them and their lands,
territories and resources will enable them to maintain and strengthen
their institutions, cultures and traditions and to promote their devel-opment
according to their aspirations and needs.”
10. 33. In the comment relating to the provision contained in the draft
aide-memoire of November 2006 by the African Group, it is
stated that the said provision “is impracticable within the con-text
of the countries concerned. In accordance with the consti-tutional
provisions of these countries, the control of land and
natural resources is the obligation of the State”.
34. On this issue, Article 21(1) of the African Charter states that:
“all peoples shall freely dispose of their wealth and natural resources.
This right shall be exercised in the exclusive interest of the people. In
no case shall a people be deprived of it.”
35. Similar provisions are contained in many other instruments
adopted by the AU such as the African Convention on the Con-servation
of Nature and Natural Resources whose major objec-tive
is: “to harness the natural and human resources of our con-tinent
for the total advancement of our peoples in spheres of
human endeavour” (preamble) and which is intended “to pre-serve
the traditional rights and property of local communities
and request the prior consent of the communities concerned in
respect of all that concerns their access to and use of traditional
knowledge,” which is similar to the provisions of Article 10,
11(2), 28(1) and 32 of the UN Declaration.
36. With regard to Article 37 of the UN Declaration on the rights of
indigenous peoples, it states: “the indigenous populations have
a right to the effect that treaties, agreements and other construc-tive
arrangements signed by the States or their successors be
recognized, honored, respected and applied by the States”. In
its aide-memoire the African Group states having “serious res-ervations”
on the possible repercussions of this article.
37. On this point, the UN report on treaties and agreements signed
between the States and indigenous peoples shows that apart
from the case of the Massai in East Africa where the agree-ment
with the British Colonial administration went through a
judicial procedure, there is nowhere on the African continent
11. 10 ADVISORY OPINION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS ON THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PeopleS
where other indigenous communities have signed a historic
agreement or treaty with a State. Moreover, these agreements
have never resulted in the emergence of entities that have the
characteristics of international sovereignty.
38. Consequently, it seems that this concern is predicated on fears
relating to the reality of other continents, e.g. North America,
where countries recognize its validity and implement agree-ments
signed with indigenous communities and people living
on their territories.
IV. ON THE RIGHT OF INDIGENOUS PEOPLES TO ESTABLISH SEPARATE
POLITICAL AND ECONOMIC INSTITUTIONS
39. This concern was expressed by referring to Article 5 of the UN
Declaration on the rights of indigenous peoples which states
that: “indigenous peoples have the right to maintain and con-solidate
their separate political, legal, economic, social and
cultural institutions, by maintaining the right, if that is their
choice, to fully participate in the political, economic and cul-tural
life of the State”.
40. In its comments on the issue, the aide-memoire of the Afri-can
Group of November 2006 is of the view that this article:
“contradicts the constitutions of a number of African countries
which, if adopted, would create constitutional problems for the
African Countries”.
41. In this context, it is pertinent to reiterate the provision of Arti-cle
46 of the UN Declaration which guarantees the inviolability
and integrity of Member States: “that nothing in this Decla-ration
may be interpreted as implying for any State, people
or group or person any right to engage in any activity or to
perform any act contrary to the Charter of the UN.”
12. 1
42. Moreover, Articles 5 and 19 of the Declaration appears to mere-ly
restate the right to culture and development and the duty of
the state to take into account cultural rights while fulfilling its
obligations to guarantee the right to development similar to
the provisions of Article 22(1) and (2) of the African Charter.
43. It is appropriate in this regard to recall the definition given to
the notion of culture by the Southern African Development
Community (SADC) which means “…The totality of a people’s
way of life, the whole complex of distinctive spiritual, mate-rial,
intellectual and emotional features that characterize a soci-ety
or a social group, and include not only arts and letters, but
also modes of life, the fundamental rights of the human being,
value system, traditions and beliefs”, as well as the pertinent
provisions of the African Cultural Charter that make reference
to it as “a balancing factor within the nation and source of en-richment
among the different communities.”
CONCLUSION
44. On the basis of this Advisory Opinion, the ACHPR recom-mends
that African States should promote an African common
position that will inform the United Nations Declaration on the
rights of indigenous peoples with this African perspective so as
to consolidate the overall consensus achieved by the interna-tional
community on the issue.
45. It hopes that its contribution hereof could help allay some of
the concerns raised surrounding the human rights of indige-nous
populations and wishes to reiterate its availability for any
collaborative endeavor with African States in this regard with
a view to the speedy adoption of the Declaration.
13. 12 ADVISORY OPINION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS ON THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PeopleS