A/HRC/60/29 fundamental individual and collective human rights, and over recognition as peoples who have a right to choose their own future destiny.32 37. This human rights-based meaning of the term “Indigenous Peoples” should not be confused with the etymological, anthropological or generic understanding of the word “indigenous”, presented in most dictionaries, as meaning “originating from”. Under the human rights-based meaning, not all Africans are considered Indigenous Peoples. The term covers only those distinct peoples who have experienced or continue to experience the specific violations pertaining to Indigenous Peoples, and who are determined to maintain and pass on their distinct identities to future generations. 38. The clarification of the term “Indigenous Peoples” in Africa has since allowed the continent to contribute actively to the normative frameworks concerning Indigenous Peoples at international, regional and domestic levels. The 2007 advisory opinion of the African Commission guided African diplomats during the process of adopting the Declaration. For instance, the African Commission indicated in the advisory opinion that in Africa, the term “Indigenous Peoples” was not aimed at protecting the rights of a certain category of citizens over and above others, and that the notion did not create a hierarchy between national communities, but rather was aimed at guaranteeing the equal enjoyment of the rights and freedoms on behalf of groups that had been historically marginalized.33 39. The African Commission and the African Court on Human and Peoples’ Rights have issued three landmark decisions, in favour of the Endorois, Ogiek and Batwa Indigenous Peoples.34 Though still unimplemented, these rulings are crucial milestones in protecting and enforcing the rights of Indigenous Peoples in Africa. Furthermore, several African countries have strengthened their national legal frameworks with specific legislation concerning Indigenous Peoples’ rights. In 2010, the Central African Republic became the first African State to ratify the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169). The following year, the Republic of the Congo enacted specific legislation concerning Indigenous Peoples, followed by the Democratic Republic of the Congo in 2022. 40. However, owing to limited awareness of the African Commission’s conceptual work, several African countries maintain the position that they do not have Indigenous Peoples under their jurisdiction, or that all citizens are considered Indigenous to the country or continent. One common misunderstanding about the term and the rights of Indigenous Peoples is that they lead to tribalism, division and ethnic conflict. The African Commission has responded to this misunderstanding by clarifying as follows: There exist a rich variety of ethnic groups within basically all African [S]tates and multiculturalism is a living reality. Giving recognition to all groups, respecting their differences and allowing them all to flourish in a truly democratic spirit does not lead to conflict, it prevents conflict. What rather creates conflict is that certain dominant groups force through a sort of “unity” that only reflects the perspectives and interests of certain powerful groups within a given [S]tate, and which seeks to prevent weaker marginalized groups from voicing their particular concerns and perspectives. Or put another way: conflicts do not arise because people demand their rights but because their rights are violated.35 (ii) Understanding of Indigenous Peoples in Asia 41. Asia has endorsed its own human rights understanding of the term “Indigenous Peoples”. Many Asian traditional communities identify themselves as Indigenous Peoples to 32 33 34 35 8 African Commission, Report of the African Commission’s Working Group, p. 102. African Commission, Advisory Opinion, para. 19. African Commission, Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya; African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights v. Republic of Kenya; and African Commission, Minority Rights Group International and Environnement Ressources Naturelles et Développement (on behalf of the Batwa of Kahuzi-Biega National Park, Democratic Republic of the Congo) v. Democratic Republic of the Congo. African Commission, Report of the African Commission’s Working Group, p. 88. GE.25-12002