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that involves indigenous peoples. Indigenous peoples’ concerns are also at the centre of the
ongoing discussions at the World Intellectual Property Organization regarding the protection of
traditional knowledge, genetic resources and traditional cultural expressions.
28. At the regional level, the Inter-American Commission on Human Rights and the
Inter-American Court of Human Rights have played a path-breaking role in developing a distinct
body of jurisprudence concerning the rights of indigenous peoples in the Americas, with an
important normative effect in other regions. These bodies have interpreted the American
Declaration of the Rights and Duties of Man and the American Convention on Human Rights in
a way that takes account of the specific circumstances of indigenous peoples and tribal
communities, affirming for them the right to life, including a dignified collective existence;17 the
right of property over lands, territories and natural resources,18 including the rights to
consultation and consent;19 and the right to political participation in accordance with their
cultural patterns.20 A special commitment towards the promotion and protection of the rights of
indigenous peoples is additionally reflected in article 9 of the Inter-American Charter of the
Organization of American States (2001).
29. In 2000, the African Commission on Human and Peoples’ Rights decided to establish a
working group on indigenous peoples/communities as part of its system of thematic special
procedures. The first thematic report produced by the Working Group interpreted several of the
provisions of the African Charter on Human and Peoples’ Rights, as well as the Commission’s
jurisprudence, in consistency with the internationally prevailing understanding of the rights of
indigenous peoples.21 Since then, the Working Group has continued its activities regarding
indigenous issues, including undertaking a number of country visits.
30. The practice of international bodies and mechanisms in recent decades has significantly
contributed to building an understanding of the rights of indigenous peoples on the basis of
general human rights norms and a wide array of international instruments. The authoritative
interpretation of these norms has contributed to the gradual crystallization of a universal
17
I/A HR Court, Masacre de Plan de Sánchez (Guatemala), Series C (No. 105) (2004).
18
I/A HR Court, Awas Tingni Mayagna (Sumo) Indigenous Community v. Nicaragua, Series C
(No. 79) (2001); Moiwana Community v. Surinam, Series C (No. 124) (2005); Yakye Axa
Indigenous Community v. Paraguay, Series C (No. 125) (2005); Sawhoyamaxa Indigenous
Community v. Paraguay, Series C (No. 146) (2006).
19
I/A HR Court, Yatama v. Nicaragua, Series C (No. 127) (2005).
20
I/A HR Court, Saramaka People v. Suriname, Series C (No. 172) (2007).
21
Report of the African Commission’s Working Group of Experts on Indigenous
Populations/Communities, adopted by the African Commission on Human and Peoples’ Rights
at its 28th ordinary session (2005).