development (articles 21 and 24). Likewise, in ruling on a number of joined cases against Mauritania, although the Commission found no violation of the right to equality of peoples based on the facts, it did not rule out the possibility that discrimination against “black Mauritanians” could constitute a violation of the rights of peoples under the Charter.75 It is clear, therefore, that the possibility exists for both minority and indigenous communities to make use of the ACHPR to protect their collective rights. In addition to cases invoking peoples’ rights (articles 19-24), there are judgments from the African Commission relating to other rights that are important to minorities. A ruling which could be very important for linguistic minorities, stated: “Language is an integral part of the structure of culture; it in fact constitutes its pillar and means of expression par excellence. Its usage enriches the individual and enables him to take an active part in the community and in its activities. To deprive a man of such participation amounts to depriving him of his identity”.76 There will be an opportunity for the Commission to further develop its jurisprudence on peoples’ rights when it makes its decision on the pending case of CEMIRIDE – Centre for Minority Rights Development (on behalf of the Endorois Community) v. Republic of Kenya.77 The case relates to the alleged forced eviction of a pastoralist community in the 1970s to make way for the creation of a game reserve. The Endorois claim they were not consulted prior to their removal from the land, nor were they compensated for their loss. They are now seeking the restitution of their ancestral land, which is vital for their economic and socio-cultural survival as a pastoralist people. In 2000, the Commission established a Working Group on Indigenous Populations/ Communities with a mandate to examine the concept of indigenous populations/communities in Africa and to study how specific rights in the Charter relate to the well being of indigenous populations/communities. Currently, there is no respective body to deal with the rights of minorities. The Working Group on Indigenous Populations/Communities has carried out a great deal of work on issues including the situation of indigenous peoples, the approach of the ACHPR in its jurisprudence and analysis of State reports, and the identification of indigenous peoples in Africa. This work was adopted by the ACHPR in 2005. The ACHPR also produced an ‘Advisory Opinion’ (May 2007) on the UN Declaration on the Rights of Indigenous Peoples78 to address concerns expressed by African States during the drafting of the Declaration. 12.2 MINORITIES IN LATIN AMERICA AND THE CARIBBEAN: While many countries in Latin America and the Caribbean are classified as middle income, there are pockets of acute and intractable poverty that are populated disproportionately by people of African descent and indigenous peoples. There are several numerical minority populations in the region, such as those of Indian, Japanese or European descent. However, these groups do not experience the extent of marginalisation that indigenous peoples and people of African descent do. Romani groups also exist in several Latin American States (including Brazil, Malawi African Association and Others v. Mauritania, African Commission on Human and Peoples’ Rights, Communication Nos. 54/91, 61/91, 98/93, 164/97, 196/97 and 210/98 (2000). 75 Ibid, paragraph 137. 76 Communication 276/2003, decision pending. 77 Advisory Opinion of the African Commission on Human and Peoples Rights on the UN 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, Accra, Ghana. 78 164 M A R G I N A L I S E D M I N O R I T I E S I N D E V E LO P M E N T P R O G R A M M I N g