A/74/149 Rights Council, 59 that new relevant legislation is being developed 60 and that courts are playing an important role with regard to the rights of indigenous peop les in some countries. 61 Spaces for the recognition of some autonomy and self-government functions are being incorporated into legal and policy frameworks, as assessed by the current and previous mandate holders in their visits to African countries, althoug h progress in the crucial issue of securing indigenous peoples ’ rights to their lands and territories is still slow. 62 62. Although the term “indigenous peoples” is not used therein, several national constitutions in Africa provide for the recognition of r ights and principles relevant to the indigenous communities within the respective countries, such as cultural and ethnic diversity (Central African Republic, 63 South Africa and Uganda), the right to culture (Congo, Uganda), non-discrimination (Cameroon, Democratic Republic of the Congo, Namibia and United Republic of Tanzania), measures for an enhanced participation of indigenous peoples in the political life of the country (Burundi) and special measures for “marginalized groups” (Democratic Republic of the Congo, Zambia). The Constitution of Cameroon provides for the protection of the “rights of indigenous populations”, and the Constitution of the Democratic Republic of the Congo includes a commitment to ensuring the protection and promotion of vulnerable groups. The Constitution of Ethiopia includes a recognition of the right to self-determination of nations, nationalities and people, and article 40, paragraph 5, thereof provides for special protections for pastoralists. 63. Several national constitutions in Africa include a recognition of customary law and traditional authorities. Chapter 12 of the 1996 Constitution of South Africa includes a recognition of the status, functions and role of traditional chiefs according to customary law and provides for their protection. It allows for traditional authorities to function within the framework of the country’s legal system and stipulates that the courts must apply customary law when applicable, subject to the Constitution and relevant national legislation. The right to self-determination of communities is also recognized under section 235. Moreover, the Constitution provides for restitution or redress for communities dispossessed of property after 19 June 1913. 64 The National House of Traditional Leaders advises the national Government on the role of traditional leaders and on customary law. 64. Similarly, the Constitution of Namibia includes a recognition of customary law and provides for the establishment of an advisory council of traditional leaders. Under the Traditional Authorities Act (25 of 2000), aspects of self-government for State__________________ 59 60 61 62 63 64 18/23 See the universal periodic review reports of Botswana ( A/HRC/10/69 and A/HRC/38/8), Cameroon (A/HRC/11/21), Kenya (A/HRC/15/8), Rwanda (A/HRC/17/4 and A/HRC/31/8), Uganda (A/HRC/19/16) and the United Republic of Tanzania (A/HRC/19/4). For example, Act No. 5-2011 on the promotion and protection of the rights of indigenous populations of the Congo (see A/HRC/18/35/Add.5) and the Community Land Act (No. 27 of 2016) in Kenya. Albert Kwokwo Barume, Land Rights of Indigenous Peoples in Africa, 2nd ed., Document 128 (Copenhagen, IWGIA, 2014); African Commission on Human and Peoples ’ Rights and IWGIA, Report of the African Commission’s Working Group of Experts; ILO and African Commission on Human and Peoples’ Rights, Overview Report of the Research Project by the ILO and the African Commission on Human and Peoples’ Rights on the Constitutional and Legislative Protection of the Rights of Indigenous Peoples in 24 African Countries (Geneva and Banjul, 2009). See the reports on the missions to South Africa (E/CN.4/2006/78/Add.2), Kenya (A/HRC/4/32/Add.3), Botswana (A/HRC/15/37/Add.2), the Congo (A/HRC/18/35/Add.5) and Namibia (A/HRC/24/41/Add.1). The Central African Republic ratified the Indigenous and Tribal Peoples Convention, 1989 (No. 169), of ILO in 2010. A previous mandate holder recommended the adoption of similar measures for communities dispossessed before that date (E/CN.4/2006/78/Add.2, para. 87). 19-11889