A/HRC/60/29 Convention, 1989 (No. 169), independent of their legal recognition in national legislation, enjoy the rights recognized in that instrument.20 20. The inter-American human rights system has been instrumental in shaping the normative framework for the recognition of Indigenous Peoples in the Americas. It has clarified that recognition entails legal acknowledgment of Indigenous identity, land tenure, and governance, as well as meaningful participation in decisions affecting their rights. 21 States are thus obligated to align their domestic legal systems with these standards and to take measures that ensure the full realization of Indigenous Peoples’ rights. The InterAmerican Commission on Human Rights has affirmed that recognition of Indigenous Peoples includes legal acknowledgment of their existence, identity and traditional governance systems. 22 Under article 1 (2) of the American Declaration on the Rights of Indigenous Peoples, self-identification as Indigenous Peoples is a fundamental criterion for determining to whom the American Declaration applies, and States must respect the right to such self-identification as Indigenous, whether individually or collectively, in keeping with the practices and institutions of each Indigenous People. 21. The African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights have played a pivotal role in advancing the recognition and protection of Indigenous Peoples in Africa. They have developed robust jurisprudence and institutional practice affirming the distinct identity, cultural integrity and land rights of Indigenous Peoples.23 The Commission has issued country-specific recommendations urging States to recognize Indigenous Peoples in national legislation, protect their land rights and ensure their participation in public life.24 B. Steps in implementing the obligation to recognize Indigenous Peoples 22. Recognition of Indigenous Peoples by States is a process that entails several steps, including understanding the contemporary meaning, in the context of human rights, of the term “Indigenous Peoples”, recognizing Indigenous Peoples as a specific group of rights holders under international law and distinguishing Indigenous Peoples from other groups, such as peasants, minorities and local communities. 20 21 22 23 24 GE.25-12002 Committee of Experts on the Application of Conventions and Recommendations, Indigenous and Tribal Peoples Convention, 1989 (No. 169): General Observation, Publication 2019 (Geneva, ILO, 2019), p. 1. See, for example, the following judgments of the Inter-American Court of Human Rights: Mayagna (Sumo) Awas Tingni Community v. Nicaragua, Judgment, 31 August 2001; Yakye Axa Indigenous Community v. Paraguay, Judgment, 17 June 2005; and Saramaka People v. Suriname, Judgment, 28 November 2007. See Inter-American Commission on Human Rights, Indigenous and Tribal Peoples’ Rights over Their Ancestral Lands and Natural Resources: Norms and Jurisprudence of the Inter-American Human Rights System (Washington, D.C., 2009). See, for example, African Commission on Human and Peoples’ Rights, Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya, communication No. 276/2003, Decision, 25 November 2009; and African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights v. Republic of Kenya, Application No. 006/212, Judgment, 23 June 2022. See, for example, African Commission on Human and Peoples’ Rights, 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, communication No. 588/15, Decision, May 2022, and Corrigendum, June 2024. See also the reviews by the Working Group on Indigenous Populations/Communities and Minorities in Africa of countries such as Cameroon, Namibia and the United Republic of Tanzania. 5