PART THREE: PROTECTING MINORITY RIGHTS their status and the resultant rights, the refusal of Kenya to recognize and grant the same rights to the Ogiek violated article 2 of the African Charter on Human and Peoples’ Rights (non-discrimination).1097 PART THREE The jurisprudence of the Inter-American Court of Human Rights has similarly affirmed the rights of indigenous peoples. For instance, in the Awas Tingni case, the Court held that Nicaragua had failed to adopt adequate domestic legal measures to allow delimitation, demarcation and titling of the communal lands claimed by the Awas Tingni community, nor had it processed the amparo remedy filed by members of the community within a reasonable time. As a result, the Court found a violation of the right to judicial protection (article 25 of the American Convention on Human Rights) and of the right to property (art. 21), in connection with the obligation to respect rights without any discrimination (art. 1 (1)).1098 Similarly, in the Sawhoyamaxa Indigenous Community v. Paraguay case, the Court observed that a failure to recognize indigenous peoples’ collective property rights to their ancestral lands in the same manner as other forms of property constituted a violation of the right to property (art. 21), in connection with the obligation to respect rights without any discrimination (art. 1 (1)).1099 As the ancestral lands of the Sawhoyamaxa community had been expropriated, the Court also found a violation of the right to life (art. 4) because the community members had been deprived of their traditional means of livelihood and forced to live in extreme poverty, without access to basic essential services, including water, food, education and health services.1100 THE CONGO: NATIONAL LAW SECURING THE RIGHTS OF INDIGENOUS PEOPLES In 2011, the Congo adopted Law No. 5-2011 on the Promotion and Protection of the Rights of Indigenous Peoples.1101 The law specifically targets the disadvantaged conditions of indigenous peoples and promotes their collective and individual rights. It prohibits discrimination against indigenous persons (art. 2) and guarantees them a range of civil and political rights, including equal access to justice (art. 10). It affirms the right of indigenous peoples to recourse to their own customs for the resolution of conflicts (art. 11) and provides for recognition of indigenous villages as administrative entities (art. 12). Specified economic, social and cultural rights are guaranteed: title 6 of the law addresses labour rights and provides for a framework for the protection of the right to work and a number of positive measures to ensure the enjoyment of those rights. Article 27 prohibits any form of discrimination against indigenous peoples, in respect of access to employment, conditions of work, training opportunities, remuneration and social security. The forced labour or enslavement of indigenous peoples is expressly forbidden and punitive measures are imposed for those found in breach of this prohibition (art. 29). Title 3 of the law recognizes the right of indigenous peoples to maintain their own culture (arts. 13–14), guarantees their intellectual property rights in respect of traditional knowledge, including the right to benefit from the use thereof (art. 15), and provides protection for cultural and spiritual objects and sacred sites (art. 16). Indigenous traditional pharmacopoeias are also protected (art. 24), and any attempt to limit the ability of indigenous peoples to practise their traditional medicine is forbidden, with punitive measures established for breach of this prohibition (art. 25). Title 4 of the law addresses education and guarantees discrimination-free access to education (art. 17). The State commits to implementing educational programmes that are appropriate to the specific needs and lifestyles of indigenous peoples (art. 19). Article 18 forbids any form of instruction or information that disparages the cultural identities, traditions, history or aspirations of indigenous peoples. Article 21 makes clear that the State must take special measures to ensure that indigenous children benefit from financial assistance at all levels within the education system. 1097 Ibid., para. 142. 1098 Inter-American Court of Human Rights, Mayagna (Sumo) Awas Tingni Community v. Nicaragua, Judgment, 31 August 2001, paras. 137, 139 and 155. 1099 Inter-American Court of Human Rights, Sawhoyamaxa Indigenous Community v. Paraguay, Judgment, 29 March 2006, paras. 120 and 144. 1100 Ibid., para. 178. 1101 The following is a summary of A/HRC/18/35/Add.5, paras. 40–48. 163