livelihoods of minorities, such as pastoralism,
or the discrimination they face. The practice of
(involuntary) displacement of minorities from
their traditional lands also is common, either to
make way for infrastructure and foreign direct
investment projects; to establish conservation
areas; or to move communities closer to basic
services that are not available in their regions.
The failure to address the significant economic
inequalities that exist between ethnic and religious communities has resulted in instability
and sometimes local or widespread conflict.
Many conflicts in Africa (as elsewhere) do have
an ‘ethnic grievance’ dimension, which political
leaders can use to mobilize opposition support. However, it is often the most marginalised
groups, such as the Batwa, that experience the
greatest hardship as a result of any conflict.67
The civil society of minority groups in Africa is
limited but growing. Groups have been successful in coming together for national, regional
and international advocacy work (Kane 2008).
The networks, for example, of pastoralist communities in East Africa and the Horn of Africa are
strong, as are the networks of San and Batwa.
Many communities, however, are so marginalised that they lack both the capacity and the
resources to form CSOs or to organize advocacy
on their concerns.
12.1.1 Standards and Mechanisms of the
African Union:
There are no minority-specific provisions in the
African Charter on Human and Peoples Rights.
Yet, encouragingly, some of the jurisprudence
of the African Commission on Human Rights
has supported minority communities and the
African Commission has established a Working
Group on Indigenous Populations/Communities.
The main regional human rights instrument
in Africa is the African Charter on Human and
Peoples Rights (ACHPR). It was adopted by the
Organization of African Unity (now the African
Union) in 1981 and came into force in 1986. All
African Union members are party to the Charter.
The African Commission on Human and Peoples
Rights, established by the Charter, monitors the
implementation of the Charter through examining periodic reports presented by States,
interpreting the provisions of the Charter and
considering communications from individuals
and States alleging violations of the Charter. By
1994, there was strong and growing feeling that
the Commission was not sufficient to deal with
human rights violations and there was need for
an African Court that could provide enforceable
remedies (the rulings of the Commission are recommendations and non-binding). A protocol to
the African Charter was adopted in 1998 establishing the African Court on Human and Peoples’
Rights. In 2005, the protocol establishing the
Court entered into force and the Court will commence its work once it is fully operational.
Article 2 of the Charter prohibits discrimination
on the grounds of “race, ethnic group, color,
sex, language, religion, political or any other
opinion, national and social origin, fortune,
birth or other status” with respect to the rights
in the Charter. The Charter makes no mention of
minorities. However, it recognizes the collective
rights of ‘peoples’ to equality, existence, selfdetermination, development, to freely dispose
of their natural resources, to international peace
and security and to a satisfactory environment
for development (articles 19-24).
The Charter does not define the term ‘peoples’.
This has been the subject of much discussion.
Documents from the meeting of experts convened to draft the Charter show that the aim of
the principle of equality of peoples was closely
linked to the fight against colonialism. Initially
the Commission appeared reluctant to interpret
the concept of peoples, possibly due to the lack
of other international jurisprudence in this area.
However, cases invoking the rights of peoples
See supra note 35.
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